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

Cookies Settings

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

The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
Gift this article