ITC will review Apple patent win over HTC

MAKER OF SHINY TOYS Apple will have its patent win over HTC looked over by the US International Trade Commission (ITC).

Back in July, the ITC ruled that HTC's Android based smartphones infringed two Apple patents, while letting it off on two others. Now a six member commission will review the decision, the validity of all four patents and whether the correct interpretation was made on three of the patents.

Apple had claimed that HTC misappropriated technology from its Iphone and Ipad in its Android smartphones. HTC spokesman Adam Emery told Bloomberg that HTC was pleased with the ITC's decision to review the case and said, "We are confident in our case."

The ITC has the power to block imports into the US and has become a popular venue for patent disputes, with firms viewing it as a way of choking off their rivals' supply.

HTC has also argued that even if it did infringe patents, the ITC should not ban US imports of its devices because it wouldn't be in the public interest. The firm cites 'special features' such as features for those that have impaired hearing, and compliance with "enhanced 911 [emergency number]" location services.

In a statement HTC said, "The exclusion of HTC accused devices from the US market would not only eliminate the most popular brand of smartphones using Android, the fastest growing mobile operating system, but would also impact the public health, safety, and welfare concerns of individual US consumers."

One could only imagine what Apple could say if it were to conjure up a similar defence. Perhaps the widespread depression among Apple fanbois would be high up on the list. What Apple has asked for is that the ITC look again at the two patents it had ruled were not being infringed by HTC.

The ITC has said a decision will be reached by 6 December 2011.