I’ve read on a few sites, recently this morning on XDA, that the ITC ban of the importation of HTC devices scheduled to commence in April, is not as effective as many media outlets, as well as Apple, is making it out to be. The two patents that HTC allegedly infringed upon are very basic Android UI features. HTC claims:
“We are gratified that the Commission affirmed the judge’s initial determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. We are very pleased with the determination and we respect it. However, the ‘647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.”
So as long as HTC is not understating the judgment and infringement violations, it looks like most US smartphone users will not be prevented from being able to obtain an HTC device come April, so long as HTC complies with the ITC order.
Regardless of the fact that these HTC infractions might be considered “minor,” the bigger picture here is that Apple might be able to successfully go after other Android smartphone manufacturers, such as Motorola, Samsung, and LG, for the same issue. Yes, the manufacturers could rectify the situation fairly easily, but Apple certainly could make it annoying / frustrating for them, particularly by alleging infringements upon any one of its many thousands of patents. Apple has the money to bring cases against Android manufacturers on a daily basis. Once again, this cannot be good for the industry or competition as a whole.
SOURCE: XDA Developers Forums
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