Google and T-Mobile ask U.S. ITC not to ban HTC’s Android devices as requested by Apple

“After a federal court accepted Verizon’s and T-Mobile’s amicus curiae briefs in support of Samsung against Apple’s request for a US-wide preliminary injunction against four Android-based devices, a new round of please-don’t-ban-letter-writing took place yesterday with Google and, again, T-Mobile making a public interest argument against an Apple complaint,” Florian Mueller reports for FOSS Patents.

“The maker of Android and the iPhone-less carrier responded to the ITC’s routine request for input on public interest considerations that might dissuade the U.S. trade body from imposing an import ban on HTC’s Android-based devices in the event that an ongoing review affirms in whole or in part an Administrative Law Judge’s initial determination that HTC’s Android devices infringe two Apple patents,” Mueller reports. “The ITC is currently on a December 6, 2011 deadline for its decision on this matter.”

Mueller reports, “Both [Google and T-Mobile] are profoundly concerned about the impact of an import ban against HTC on Android as whole, and point to Apple’s enforcement activities against Samsung and Motorola (at the ITC and in federal courts) in this context. T-Mobile asks the ITC to deny an import ban even if an infringement is found. As a second-best alternative, T-Mobile would like the ITC to ‘allow a four-to-six month transition period […] so that T-Mobile and the rest of the industry could change to other devices without harming U.S. consumers.’ Google doesn’t propose a transition period: it categorically opposes a ban.”

Read more in the full article here.

MacDailyNews Take: Basic logic dictates that those who stole the IP in the first place are the ones who put U.S. consumers at “harm,” if “harm” is defined as causing less- or non-informed consumers to get real iPhones with a quality ecosystem and proven security instead of half-assed imitations. Apple should’t be punished for having been and continuing to be ripped off for one second longer than need be.


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