Why Apple’s ITC victory over HTC is not as big a deal as it seems

by Kenny Hemphill on December 20, 2011

On the surface, the decision by the US International Trade Commission to order HTC to stop importing smartphones which infringe Apple patents to the US sounds hugely significant. Scratch away at the detail, however, and the reality is that it borders on meaningless.

For starters, the ban doesn’t take effect until April next year, so has no immediate impact. HTC can import as many handsets as it likes until April. Secondly, the ban only affects new handsets, not refurbished units or warranty replacements.

Finally, the ban is very narrow. HTC was found by the commission to have breached only two of the 10 patents it had originally been accused of infringing upon. And the technology covered by those two patents is far from essential, it seems. HTC, in a statement after the ruling, said: ‘We are very pleased with the determination and we respect it. However, the ’647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.’

It now has four months to implement the workaround, something the company seems comfortable with.

There are lots of battles yet to be fought where Apple and Android patents are concerned and many more involving the likes of BT, Microsoft and Oracle. Some of them may have significant outcomes, but this isn’t one.

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