ITC votes to investigate Apple’s patent complaint against HTC; consider barring HTC imports to U.S.

The U.S. International Trade Commission (USITC) has issued the following statement, verbatim:

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal data and mobile communications devices and related software. The products at issue in this investigation relate to hardware and software used in mobile communication devices, including but not limited to cellular phones and smartphones.

The investigation is based on a complaint filed by Apple Inc., f/k/a Apple Computer, Inc. and NeXt Software, Inc. f/k/a NeXt Computer, Inc., both of Cupertino, CA, on March 2, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain personal data and mobile communications devices and related software that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

High Tech Computer Corp. a/k/a HTC Corp. of Taiwan; HTC America, Inc., of Bellevue, WA; and Exedea, Inc., of Houston, TX.

By instituting this investigation (337-TA-710), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

Source: USITC

MacDailyNews Take: What we wrote the day Apple filed suit against HTC holds true today: “A sickening chill just swept through the executive offices of many an iPhone wannabe. This time there’s no poorly-written contract signed by an unprepared sugared water salesbozo.”

We’ve been pushing the state-of-the-art in every facet of design… We’ve been innovating like crazy for the last few years on this and we’ve filed for over 200 patents for all of the inventions in iPhone. And we intend to protect them.Apple CEO Steve Jobs when unveiling iPhone, January 9, 2007

We like competition as long as they don’t rip off our IP, in which case we will go after them. We will not stand for having our IP ripped-off and we will use any weapons at our disposal [to stop it].Apple COO Tim Cook, January 21, 2009


  1. Apple only did this because Android has caught up in awareness with the iPhone. Studies show that more people are now interested in the Android platform. Apple is worried.

    Let the Games begin. Let’s see what happens and how long it takes for Android to overtake iPhone… Probably by 2012.

  2. I smell a conspiracy here. Maybe Eric is a Double agent, meant to keep google distracted to take many hits as possible. The question is who is he working for? Apple(comfy coffee w/jobs too comfy?) or Microsoft (eric and bill look like they could be cousins).

    But more than likely these companies are just runned by a bunch of dumbf*cks.

  3. @ Jody;

    If you were to post your comments in Wiki, you’d be panned for unsubstantiated claims and “weasel words”.

    Awww, why should I hold back?

    Your post is unsubstantiated and weaselly, ’nuff said.

  4. Yeah people are more interested in android because they have to play the game, which android do you have?
    A) 1.5
    B) 1.6
    C) 2.0
    D) 2.1

    Apple threw a wrench in android sprockets with this lawsuit. Google and company don’t know what they can continue on with to deploy another update. Yeah Apple slowed them down, but this is brilliant strategic moves on their part, Android can over take Apple sure, but if you get out you will start to see the jealously of Android users because Developers don’t give a shit about android because they have to write their software 4x’s right now to make money, rather than one with iPhone OS.

  5. @Jody

    There is an obvious reason that Apple is suing HTC: the protection of their patents and their development investment.

    You appear to believe that this is not a sufficiency reason to sue HTC and have proposed another reason, without anything to substantiate it.

    Are you then of the view that no company should sue anyone who breaches their patents?

    Perhaps a little more thought before you type next time eh?

  6. Android may have different versions out there… but at least they work.

    If you have the first gen iPhone or iPhone 3GS using OS 3.x, your phone lags… IT’S SLOW!

    I used iPhone, iPhone 3G and iPhone 3GS and I hated the lag. So anyone who has used an iPhone first gen or 3G, will know what I am talking about.

    PS… iPhone OS 4.0 won’t work on iPhone first gen or 3G… I’m sure… ” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

  7. @Jody

    You seem so authoritative in your pronouncement.

    So I wondered if you’d care to comment on the JooJoo debacle…

    I simply love the MDN line:

    iPad has blood on its touchscreen before it even hits customers’ hands.

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