“On the ITC document server, a new document entry just showed up that relates to an extremely interesting motion filed yesterday in the investigation of HTC’s second ITC complaint against Apple: ‘Doc Title:Respondent Apple, Inc.’s Motion for Partial Termination of the Investigation With Respect to U.S. Patent Nos. 6,473,006; 6,708,214; 6,868,283; 7,020,849; and 7,289,772 Due to Lack of Standing,'” Florian Mueller reports for FOSS Patents.
“The document itself is confidential. I hope that public redacted versions of that document or (at least) of future documents relating to this motion will become available at some point,” Mueller reports. “But that title, in and of itself, is pretty informative: ‘Partial termination of the investigation’ is the equivalent of a dismissal with prejudice of claims brought in a federal lawsuit. ‘Lack of standing’ means that Apple says HTC does not have the right to bring an infringement lawsuit in general, or at least an ITC complaint in particular, over those patents.”
Mueller reports, “The five patents listed are patents that HTC added to its second ITC complaint against Apple in early September 2011. I listed and described those patents… I wrote: ‘Even though those patents appear to be related to wireless devices, the fact that HTC just acquired them about a week before its ITC complaint will raise questions in connection with the ITC’s domestic industry requirement.'”
Read more in the full article here.