ITC dismisses Apple’s request for immediate ban against HTC devices

Macworld Australia Staff
4 July, 2012
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The US International Trade Commission has denied Apple’s request for an urgent customs ban on HTC Android devices, however the Commission is currently examining redesigned phones from the Taiwanese manufacturer to see if the devices technically infringe on Apple’s ‘data detectors; patent.

Following Apple’s win in gaining an import ban of HTC’s Android phones last year, HTC argued that it had come up with a workaround to avoid the problem.

Apple does not agree with this claim, saying that HTC designs still infringe on its patents, requesting the ITC to intervene and impose an injunction. However, the ITC refused the company’s request for an emergency ban, according to a report from Bloomberg reported yesterday.

“The commission finds that Apple has not demonstrated the propriety of temporary emergency action here,” the agency was quoted as saying..

“The commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission’s limited exclusion order.”

The patent that has caused the current uproar involves a technology that can detect certain information and provide a link to users – an innovation that Apple says predates the mobile platform, asserting that it used the system in its Macs, as early as Mac OS 8 in the ’90s.

Moving forward, Apple and HTC  will likely discuss settlement options in the coming months, with a court-ordered date set for August 28.

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