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Topic: Mobility

HTC may be able to seek import ban on LTE iPad and new iPhone

Summary: Apple won a major case against Samsung, but all may not be rosy for Apple as patents that HTC owns are holding strong at the moment. Apple screwed up HTC's EVO 4G LTE launch and now HTC may return the favor with the new iPhone.

Matthew Miller

By for Smartphones and Cell Phones |

Apple was successful in delaying HTC's release of the HTC EVO 4G LTE earlier this summer and now it sounds like there is a very slight possibility that HTC may be able to seek an import ban on the current iPad and future iPhone with LTE. HTC has been having some hard times recently and deserves a patent win or two.

HTC filed this lawsuit against Apple for infringing on two patents it owns for LTE connection methods. An ITC judge said Apple has a difficult road ahead of them providing clear and convincing evidence that the HTC patents are invalid. HTC acquired the patents from ADC Telecommunications Inc. in April 2011 just before the HTC Thunderbolt, the first LTE phone, was released.

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Topics: Mobility, Apple, HTC, iPhone

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56 comments
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  • All Android makers should focus on tearing down Apple

    It time to put Apple in their place, their equipment is subpar and costly. Yes, the ecosystem is tightly integrated and controlled to high h##l. Lends well for those that aren't technically saavy but I am not hee to bash everything about them. But I do believe that they are hell bent on using the legal system to squash competition.
    Bronxboi
    Reply 31 Votes

    • And what is wrong with that?

      If you feel your ideas are being stolen why not defend yourself? Also what is wrong with the concept of squashing your competition? Is that not sort of a common business goal?

      Pagan jim
      James Quinn
      Reply 4 Votes

      • Really?

        Every other court without a stake in the matter has stated their ideas aren't being stolen but one biased decision and you're ready to say they have the right to destroy competition. Is it really more important that you're right or that people have a choice?
        slickjim
        Reply 11 Votes

        • Don't think EVERY other court has decided such.

          As far as I know it's been mixed. Prove me wrong. Does not matter if I'm right what matters is does Apple have a right under the law to protect itself? As for competition others have not been sued nor are going to be sued because they don't steal or haven't copied.

          Pagan jim
          James Quinn
          Reply 2 Votes

        • That every other was ON that was OVERTURNED

          Samsung has lost every single one around the world.
          wackoae
          Reply 4 Votes

          • iTroll

            Apple lost in UK, Netherlands, Australia, Japan. Tie: Korea and Gernany. Eat your heart out.
            kirovs@...
            Reply 16 Votes

          • And yet you are STILL

            Crying of the US decision... way to go kirovs.
            athynz
            Reply Vote

    • Please...

      It's one thing to have a conversation about patent law. It's quite another to say Apple's products are "subpar". They may be costly but Apple's products are not subpar. On the whole they are industry leading. This would be why everyone attempts to copy products such as the iPhone, iPod, MacBook Air, MacBook Pro, the iMac. Shall I go on?
      southflguy
      Reply 5 Votes

    • HTC FRAND Patents

      First of all those LTE patents are FRAND patents. Apple's hoarded over 400 of them- so two can play @ this game. Second of all, there's a good chance that these patents have been exhausted by agreements with others. And finally, you can't ban phones, @ least not in the US, using FRAND patents. Basically, these couple of patents aren't worth all that much.
      pjtmgt@...
      Reply 4 Votes

      • Just Because They're FRAND...

        Doesn't mean you don't need to license them. Apple "won" the Samsung portion for violating the Wireless patents because they bought the product through Intel and as such, couldn't be sued due to an agreement with Intel. HTC has every right to receive royalties on their patent and if Apple decides to not license then HTC has every right to seek an injunction and prevent Apple from using that technology.

        Apple can be quick to lay down the law, but it might come back to bite them. I'd be interested in a citation regarding the inability to have an injunction if the patent is considered FRAND as I have yet to come up with a reliable article in this matter (not stating you're wrong, just I have never heard that reasoning before and I know Motorola has been successful in other countries regarding these types of patents).
        lilbubba
        Reply 4 Votes

        • FRAND PATENTS

          There are over 1200 LTE FRAND patents. If HTC owns 2; then 2/1200='s ~ 0.002.Which means HTC can maybe charge Apple about two tenths of a penny per dollar max. The key word being maxed. Now, Apple owns 400- you do the math.
          pjtmgt@...
          Reply 1 Vote

          • So you whine over Apple

            Owning FRAND patents but it's okay for HTC to own some because they compromise a very small share of the FRAND patents owned?
            athynz
            Reply Vote

      • Are they really FRAND ?

        The article does not mention that the patents are FRAND encumbered do have have a link ?
        RandallRPR
        Reply 1 Vote

        • NO

          They are NOT standard essential patents. That's why Apple isn't crying "They want too much money to license the patents". They do NOT fall under FRAND license terms. Apple knows they are in violation of the patents, and instead of trying to pay license fees (which HTC does NOT have to license), they are trying to prove the patents invalid. They will fail.
          jamz2277
          Reply Vote

    • Fandroid nonsense strikes again

      It's time for Fandroid a-holes to STFU. Your are wrong on every point (more dream wish argument points). You are an idiot if you think complex phones are the answer. Apple phones are for the technically savvy and untechnical who want a life. That's the whole stinking point - simple but powerful! Get a clue jerkwad. They are intent on protecting their patents, trade dress and R&D that other companies are not entitled to pass Go and collect $2 Billion dollars who haven't put the time in on innovation and their own designs. Your whole stance is one of your own agenda, not reality.
      pgentry53
      Reply 1 Vote

    • So what you are saying

      Is that every company othet than Apple is allowed to go to court and sue to protect it's IP even though they offered a licensing deal with Samsung... yup, cue the double standards.
      athynz
      Reply Vote

  • He Who Sows The Wind, Reaps The Whirlwind

    I have to admit Samsung's legal maneouvres against Apple were a bit hamfisted. But they have stirred up a hornet's nest by going after Android, and there's no reason that all other handset makers will be equally inept.

    This whole lawsuit strategy is going to cost Apple ten times as much as they could have hoped to gain.
    ldo17
    Reply 19 Votes

    • Could it not be claimed that Samsung sowed the wind, and reaped the

      world wind? Might it not be claimed that android sowed the wind, and will eventually be reaping the whirlwind ie Apple:)

      Pagan jim
      James Quinn
      Reply 4 Votes

    • Right

      Because it was proven in court that Samsung was NOT offered the chance to license the IP they infringed upon... oh wait, it WAS indeed proven in court that Apple offered Samsung a license on the IP they infringed upon - and it would have been less than half of what the US fine was.
      athynz
      Reply Vote

      • “Apple offered Samsung a license on the IP”

        ...at a price that would have driven them out of business.
        ldo17
        Reply Vote
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