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

On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
Gift this article