Could the new iPhone face import bans?

September 10th, 2012, 14:34 Posted By: wraggster

HTC has accused Apple of infringing two patents regarding data transmission, judge says challenge is probably valid.
Apple may have a hard time invalidating HTC’s new data transmission patents, which could potentially lead to an import ban on a select number of iOS devices, including the new iPhone.
The Taiwanese manufacturer has accused Apple of infringing on two of its different patents related to wireless networking.
More specifically, the patents relate to technology that is essential for 4G LTE (long term evolution) devices. If Apple announces support for 4G LTE networks in its new iPhone, then HTC may seek an import ban.
A report on Android Authority says, 'the strategy is intended to force Apple into a settlement and get the company to drop its many patent infringement suits against HTC.'
The patents in question this time were bought from ADC Telecommunications Inc. by HTC in April 2011 for $75 million. If the new iPhone does use LTE, HTC can argue that it should be subject to an import ban because it was in production during the pre-trial investigative portion of the patent case.
The International Trade Commission (ITC) judge, Thomas Pender, told Apple: “I don’t care if they bought these patents to sue you or not. They are a property right. Clear and convincing means something to me. I have to be pretty darn certain a US patent is invalid.”
However, Apple lawyer Michael McKeon says that HTC has altered its allegations in the case, believing that HTC initially claimed the patents covered wi-fi technology but now says they cover 4G. McKeon also argued that the patents don’t cover mobile technology at all.
Apple also asserts that HTC does not have the proper ownership rights of the patents, though Judge Thomas Pender says he is unlikely to support that argument.
It's doubtful that this case will result in the iPhone being banned from sale in the US, but as for the rest of world… stranger things have happened. The only thing that is certain is that the patent lawsuits strangling the industry aren't going away any time soon.
http://www.mobile-ent.biz/news/read/...rt-bans/019300

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