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ITC Judge: Apple Did Not Infringe on HTC Patents

 & Chloe Albanesius Executive Editor, News

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HTC was dealt a setback in its patent battle with Apple today when the U.S. International Trade Commission (ITC) found in an initial judgment that Cupertino did not violate four HTC patents.

An ITC judge found "no violation" of patents related to functions like power management and phone dialing, according to Reuters. The full commission will rule on the case in February.

"This is only one step of many in these legal proceedings," Grace Lei, HTC general counsel, said in a statement. "We are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property. We look forward to resolving this case, so we can continue creating the most innovative mobile experiences for consumers."

This particular investigation dates back to May 2010, when HTC filed suit against Apple via the ITC, asking the commission to stop the sale and importation of the iPhone, iPad, and iPod in the United States. "As the innovator of the original Windows Mobile PocketPC Phone Edition in 2002 and the first Android smartphone in 2008, HTC believes the industry should be driven by healthy competition and innovation that offer consumers the best, most accessible mobile experiences possible," Jason Mackenzie, vice president of North America at HTC, said at the time. "We are taking this action against Apple to protect our intellectual property, our industry partners, and most importantly our customers that use HTC phones."

HTC's move came several months after Apple filed suit against HTC alleging 20 instances of patent infringement, all dealing with various elements of the iPhone. In filing the suit, then-CEO Steve Jobs said "we think competition is healthy, but competitors should create their own original technology, not steal ours."

Since then, HTC and Apple have filed a variety of suits against one another.

In April, the ITC found that HTC and Nokia did not infringe upon Apple patents dealing with various elements of the iPhone. But in July, the ITC found that HTC did infringe on two of 10 Apple patents.

Also this summer, Apple filed its own ITC complaint with the ITC focused on the HTC Flyer tablet and Droid phones; in August, the ITC agreed to hear that case.

HTC, meanwhile, took its case across the pond to a U.K. court.

On this most recent ITC activity, patent blogger Florian Mueller said he is not confident HTC would win on appeal. "Even if they were successfully enforced, I doubt they would pose a serious threat to Apple," he wrote in a blog post. "At the time HTC filed its complaint, its patent position was very weak and this was basically just a way of indicating a willingness to fight."

Apple is also battling Samsung over various patents, which has spawned about two dozen lawsuits worldwide. Today, Samsung expanded its fight against Apple's iPhone 4S to Japan and Australia.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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