HTC wins 3-1 in battle against Apple at the ITC

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

HTC wins 3-1 in battle against Apple at the ITC

HTC is likely to have to adapt its smartphones for sale in the US, after the US International Trade Commission found that it infringed two claims of a patent owned by rival Apple

In yesterday's final determination, the ITC said that HTC violated Section 337 of the Tariff Act by importing and selling phones that infringed two claims of Apple's US patent 5,946,647.

The patent is titled "System and method for performing an action on a structure in computer-generated data" and covers technology allowing users to perform tasks such as calling a phone number or adding a calendar appointment with a single finger tap on the screen.

HTC has until April 19 to comply with the ruling. This is to provide "a transition period for US carriers" said the Commission. It can also import refurbished handsets until December 19 2013 for replacements under warranty.

Despite that finding, the decision was generally good news for the Taiwanese company, which makes smartphones that run Google's Android operating system.

The ITC reversed a preliminary finding that HTC had also infringed two further claims of the '647 patent and another patent, 6,343,263 for a "Real-time signal processing system for serially transmitted data".

It also upheld a finding that two further US patents, 5,481,721 and 6,275,983, were not infringed.

In a statement, HTC's general counsel Grace Lei said: "We are very pleased with the determination and we respect it."

Apple brought the case before the ITC in April 2010. Several of the patents at issue in the case had also been asserted against Nokia, but that dispute was settled earlier this year.

The ITC case is one of many disputes between Apple and other smartphone makers, many of whom use Android. Apple and HTC have a number of other suits pending against each other in the ITC and in federal courts.

For more on the smartphone patent wars, see Managing IP's dedicated topic page.

more from across site and SHARED ros bottom lb

More from across our site

Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
Gift this article