Feeds

US trade body decides Apple has case to answer

But would it really ban the iPhone?

Top three mobile application threats

The US International Trade Commission has decided to investigate HTC's allegations that Apple is infringing its patents. Its answer could see the iPhone banned from American stores.

The ITC's investigation is in response to HTC's complaint, filed on May 12th, that Apple is in breach of various patents owned by HTC. The complaint calls for a ban on the import of infringing products - an interesting prospect, but one that's pretty unlikely to actually happen.

At least the ITC will have Apple's details handy: it's already investigating possible infringements of touch-screen patents owned by Elan Microelectronics, which could equally well lead to an import ban.

Complaints to the ITC are very much in vogue at the moment, given the speed the decision can be made with and the immediate financial pain inflicted on the losing party. Patent battles can and do rage for decades, mostly to the benefit of the legal minds involved. Such spats can also lead to some sort of phased royalty payment which itself is generally subject to lengthy (and expensive) negotiations.

ITC investigations, in contrast, follow a strict timetable, and if the Commission upholds the compaint then infringing products cannot be legally imported into the US. That puts huge pressure on the company to resolve the dispute. When Qualcomm faced such a ban the company used every weapon at its disposal - the company even planned a personal appeal to then-president George Bush, but in the end had to grovel to Broadcom for a licence.

A ban on Apple products would certainly hurt the company, and quite possibly the US economy, but such a thing is still a very long way off. The ITC has announced it will be investigating, and now has 45 days to announce a schedule for that investigation.

Even if Apple is found to be infringing HTC's patents it will still get 60 days to appeal to the US Trade Representative. Such an appeal depends on the public good, and lack of harm to the infringed party. Qualcomm's public profile and political clout wasn't enough to help, but Apple has more of both and that certainly wouldn't do any harm. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Virgin Media so, so SORRY for turning spam fire-hose on its punters
Hundreds of emails flood inboxes thanks to gaffe
A black box for your SUITCASE: Now your lost luggage can phone home – quite literally
Breakfast in London, lunch in NYC, and your clothes in Peru
AT&T threatens to pull out of FCC wireless auctions over purchase limits
Company wants ability to buy more spectrum space in auction
Turnbull leaves Australia's broadband blackspots in the dark
New Statement of Expectations to NBN Co offers get-out clauses for blackspot builds
Facebook claims 100 MEEELLION active users in India
Who needs China when you've got the next billion in your sights?
Facebook splats in-app chat, whacks brats into crack yakety-yak app
Jibber-jabbering addicts turfed out just as Zuck warned
Google looks to LTE and Wi-Fi to help it lube YouTube tubes
Bandwidth hogger needs tube embiggenment if it's to succeed
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.