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 2025

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

A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
Gift this article