ITC staff dismisses Google’s and T-Mobile concerns in possible ban of HTC Android devices

“The first Android company Apple sued was HTC. An import ban against HTC’s Android-based products could be ordered before the end of the year, followed by a 60-day presidential review period,” Florian Mueller reports for FOSS Patents.

“In mid-July, an Administrative Law Judge (ALJ) at the US International Trade Commission (ITC) found HTC in infringement of two Apple patents. The Commission (the six-member decision-making body at the top of the ITC) is now reviewing that determination with a December 6, 2011 target date for a final decision,” Mueller reports. “After an ALJ finds a violation, the ITC routinely encourages public interest statements on the possible impact of an import ban.”

Mueller reports, “While Google and T-Mobile submitted public interest statements that predicted doom for the U.S. job market and the ability of first responders to deal with emergencies, the staff at the ITC’s Office of Unfair Import Investigations (OUII) just dismissed any such concerns and supported Apple’s argument that there are alternative products running Android as well as other operating systems, including that HTC itself offers Windows Phone handsets.”

“Steve Jobs would have loved to read [the OUII’s statement],” Mueller writes. “The whole purpose of the OUII is to represent the public interest in those investigations. It’s neutral. In this case, it dismisses public interest concerns. The OUII doesn’t believe there’s an infringement of valid patents in this case, but if the Commission agrees with the ALJ and Apple, then the OUII believes that an import ban is perfectly appropriate and that the enforceability of intellectual property is an overarching public interest consideration.”

Read more in the full article here.

MacDailyNews Take: Boom!

Related articles:
U.S. ITC judge rules against HTC’s first complaint against Apple – October 17, 2011
Google and T-Mobile ask U.S. ITC not to ban HTC’s Android devices as requested by Apple – October 7, 2011
Apple’s patent win over HTC to be reviewed by U.S. ITC, could lead to U.S. ban of HTC Android-based phones – September 16, 2011
Apple’s U.S. ITC patent victory threatens future of Google’s Android – July 16, 2011
U.S. ITC finds HTC infringed upon Apple patents – July 15, 2011

11 Comments

  1. Did I just read that correctly?
    Google/T-Mobile is so desperate that the argument they made is;
    “Because we stole Apple’s IP and then sold the stolen IP phones to emergency personnel, we should be allowed to keep selling the IP we stole from Apple.”

    ????!!!

    Wow.
    Just …. wow.

    1. @Spark
      ““The OUII doesn’t believe there’s an infringement of valid patents in this case,…”

      Really? Why would they support an import ban if that is the case?”
      Because the OUII sends their report to the ITC and if the ITC agrees (with Apple and ALJ) that there is infingement, then the OUII would agree to the import ban.
      The OUII does not do the ban, the iTC does.

  2. … T-Mobile already lost… i still use them, best value of all carriers… and adequate reception in my area…

    Jobs didnt want a settlement… i still think if Apple required a percentage royalty on all Android products Shipped, not sold… it could do the same damage… and future proof revenues going forward.

    Then again… if there was an all out ban… the backlash could be huge… and sadly, Apple is still the victim

  3. “I don’t want your money. If you offer me $5 billion, I won’t want it. I’ve got plenty of money. I want you to stop using our ideas in Android, that’s all I want.” – Steve Jobs

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