Monday, December 5, 2011

Could HTC phones be banned from the U.S.? (FAQ)

The long-standing legal battle between Apple and HTC could make some real headway with the U.S. International Trade Commission set to issue a key ruling next week that could potentially ban HTC products from coming to the U.S.
For more than a year, the two companies have been tussling over the illegal use of each other's technology. The battle represents a microcosm of Apple's larger complaint against Google's Android operating system. As such, the ITC ruling could have serious ramifications on all of Google's Android partners, many of which are engaged with Apple in their own suits.
A ruling from the ITC was expected tomorrow, but has been pushed back to December 14.
With the various lawsuits flying around, it's easy to be overwhelmed. So here's a crash course on the HTC-Apple spat and what it means for you.
What can HTC do?
If HTC is found violating even one of the patents, it'll face the ban. But it doesn't take effect immediately. There is a 60-day presidential review period. HTC, meanwhile, likely has an appeal ready to be filed with the Court of Appeals for the Federal Circuit. That court would decide if the ban would go into effect, or be suspended during the appeals process.
Mueller added that depending on the severity of the ruling, HTC could still import phones and tablets that remove the offending features or find some alternative way of delivering that capability, known as a technical workaround.
"It's a safe guess that whatever the ruling is, HTC and Google will jointly claim they have a workaround in place," Mueller said. "What remains to be seen is what price they have to pay for it in terms of product quality and technical compatibility.
HTC, meanwhile, will continue to keep up its legal offensive against Apple. In September, the company filed another amended lawsuit in a district court and at the ITC with patents it acquired from Google.

Source: http://news.cnet.com/8301-1035_3-57336889-94/could-htc-phones-be-banned-from-the-u.s.-faq/?tag=mncol;topStories

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