Apple still has upper hand against HTC but review decision threatens preliminary win at U.S. ITC

“Two weeks ago I analyzed HTC’s and the ITC staff’s petitions for review, and Apple’s contingent petition for review, of an ITC judge’s initial determination that found HTC to infringe two valid Apple patents and recommended an import ban. I previously showed the infringement claim charts related to those two patents,” Florian Mueller reports for FOSS Patents. “Yesterday the Commission, the six-member decision-making body at the top of the ITC, published its notice of a decision to review various of the judge’s findings.”

Mueller reports, “It’s pretty normal for the ITC to review such decisions, and to place particular emphasis on the part that could result in an import ban. It’s not a particular setback for Apple that this review should happen, but there’s a substantial risk of a narrower win, while an improvement in Apple’s favor is more of a long shot. Even though a win that might ultimately be limited to the data tapping patent wouldn’t be a fatal blow to HTC, it would represent significant progress for Apple in its enforcement actions against Android-based devices.”

Read more in the full article here.

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