Santa Came Early for Apple Inc.

iStock_000015968421XSmall.jpgRecently, the U.S. International Trade Commission ruled that a set of features found in most smartphones is protected by an Apple patent.  The decision is one of the most significant victories thus far in a number of patent-infringement battles being waged by some of the major players in the mobile phone industry. 

The finding is against HTC, a Taiwanese mobile phone maker that uses the Android system.  The case centered on much of the technology introduced by Apple's IPhone.  The patent in question deals with data detection, enabling smartphone functions such as the ability to schedule a calendar appointment with a single tap of the finger.     

Apple had initially complained that HTC violated several of its patents.  As such, the ruling was only a partial win for Apple because the Commission also overruled an earlier Apple victory, involving a more technical patent related to software organization. 

The Commission's latest order will prevent HTC from selling phones in the United States that infringe on the patent at issue.  The order applies to new phone imports only.  Among the smartphones at risk of being banned are the Touch Pro, the Nexus One, My Touch, and the Droid Eris.   

The decision could also affect many other mobile phone manufacturers, as the underlying target of the lawsuit was Google, the creator of the Android system now found in more than half of all smartphones.  The Android accounts for about 70 percent of the smartphone operating systems used in the United States.       

The ruling by the six member commission will take effect in April of 2012, unless President Obama's trade representative overrules the Commission's finding.  Additionally, HTC can appeal the decision to the U.S. Court of Appeals.  In the meantime, HTC will be allowed to import some refurbished phones as replacements under certain existing insurance and warranty plans. 

Comments (1)

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ringtone - January 27, 2012 10:12 AM

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