Apple has been after a number of HTC devices over alleged patent infringements. HTC devised a work around this by trying to modify its devices shipped to the U.S. market. However, Apple is back now, seeking ban of a total of 29 HTC devices in the U.S. market. The patent that Apple alleges is infringed by these devices is 647 data tapping patent.
HTC, on the other hand, has responded that with the introduction of this new request, Apple is merely trying to broaden the scope of its earlier request which it cited in December to impose an import ban on certain HTC devices. Moreover, HTC is of the opinion that to validate or refute Apple’s new claims, a new investigation must be undertaken rather than continue over the earlier investigations.
According to analysts, Apple has a good chance at having a fair shot at its appeal and may be able to indeed push HTC into a corner over the alleged patent infringements. ITC, with which Apple has filed the appeal, is also expected to act fairly quickly over Apple’s request and will try to have its exclusion orders ensured.
HTC, on the other hand, seems to have taken a rather non-serious attitude towards the whole thing. It is simply relying on the strategy of removing such components which come under Apple’s patent claims and continuing shipping its products without them once ITC rules against them.
Nonetheless, Apple is not going to let go of it so easily. According to Apple:
“That HTC’s current products may bear different names, or have updated or modified hardware or software, is of no moment; they run the Android platform that contains functionality found to infringe the ‘647 patent. Moreover, at least one of the applications that Apple identified in its Enforcement Complaint as having infringing functionality–HTC Messages–was at issue in the underlying Investigation, was the subject of extensive expert testimony and scrutiny, and ultimately found to infringe the ‘647 patent.”
Source: FOSS Patents