ITC to investigate Apple’s claims of HTC patent theft

Apple’s legal case against HTC – in which they allege the smartphone manufacturer impinged on their intellectual property with various Android and Windows Mobile based handsets – has been green-lighted by the US International Trade Commission (ITC). The decision means that, within the next 45 days, the ITC must announce a date by which it expects to have come to a conclusion over whether HTC did, in fact, infringe Apple patents; if it finds in Apple’s favor, HTC could be forced to block functionality in their devices or even barred from importing them into the US altogether.

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As for the likely timescale of that decision date, given the magnitude of the case it’s likely to be measured in months rather than anything more immediate. Once a ruling is made, it must be enacted on within 60 days; however, HTC would likely file an appeal which could further delay things.

Ironically, the news comes after Apple themselves have been made the subject of a legal case for ITC investigation, over allegations that they have impinged on the multitouch patents of another company. Elan Microelectronics are looking to freeze imports of Apple’s multitouch-based products – including the iPhone, iPod touch, Magic Mouse and imminent iPad – if they can persuade the ITC that Apple have overstepped onto their intellectual property.

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