Apple's Plea To Ban HTC Phones Denied - ITC Reject Emergency Ban On HTC Phones
Apple has recently won a big lawsuit filed against Samsung for infringement of Apple's Patents by blatantly copying not just the hardware of iPhone and iPad but also the UI and the extent of infrigement is that they even copied the packing and make the Samsung device look quite alot like that of Apple's iPad packing. The result is that Samsung Galaxy Tab is now banned in United States and that Samsung shall not promote any kind of selling of Galaxy tab in the United States which includes any kind of promotion or marketing.
Following victory over Samsung, Apple quickly filed a patent violation suit against HTC to ITC requesting for an emergency ban on its android devices. The patent violation with HTC devices is the use of Apple's data detectors patent which was earlier used in HTC android devices. However, HTC to avoid any damages, quickly responded by making the necessary changes. Despite the fact that HTC has changed the device, Apple still thinks that HTC is using data detectors that are patents of Apple. Apple's plea to ITC to inspect and impose an injunction over HTC android devices was not granted:
Here is what ITC Commisison said :
“The commission finds that Apple has not demonstrated the propriety of temporary emergency action here,” the agency reportedly said. “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 court has also ordered Apple and HTC to discuss the issue and that the talks will begin in late August. If Apple wins the injunction over HTC devices, it will adversely affect the sales of HTC as a majority of sales come from the United States and if the ban is imposed, HTC will have no good reason to survive with its most potential zone being lost. HTC have also reported that competition with iPhone4S was quite a challenging task and HTC faced heavy loss because of customers preferences shifting from HTC to Apple.
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