ITC agrees to investigate Apple’s complaint against HTC

Thu, Apr 1, 2010

Legal, News

If you want some job security in today’s tough economic environment, working for Apple legal seems like a safe bet. Apple’s legal hounds have been especially busy over the last few months, being both on the receiving and giving end of a number patent disputes.

In early March, Apple announced via a press release that it was suing HTC for allegedly infringing on 20 of Apple’s patents. At the same time, Apple also filed a complaint with the International Trade Commission (ITC) seeking to ban the import of HTC products because alleged infringement on

Now, Bloomberg is reporting that the ITC has agreed to investigate Apple’s claims against HTC and directs us to a ITC press release on the matter.

By instituting this investigation, the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

Two weeks ago, HTC issued its first official response to Apple’s suit wherein it vowed to “fully defend itself” against Apple’s claims. Notably, HTC’s press release focused on a number of industry awards their handsets have won – though you would assume that if HTC had a strong patent library with which to defend itself that it would have focused on that instead.



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