HTC's 4G patent beef could get iPhone 5 BANNED in US
Judge tells Apple: 'I have to be pretty darn certain a US patent is invalid'
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Apple may be banned from importing its new iPhone into the United States if the International Trade Commission in Washington DC finds that Cupertino has violated an HTC patent for connecting to the 4G network.
Apple is subject to an ongoing investigation by the the International Trade Commission under Judge Thomas Pender, after Taiwanese company HTC filed a complaint in August 2011.
HTC alleges that Apple is violating two of its US patents on 4G or LTE technology and asked the Commission to issue an exclusion order and a cease-and-desist order to Apple, which could result in a ban on the import of the next iPhone into the United States.
At the most recent hearing reported by Businessweek, Judge Pender signalled that he was not going to quash HTC's US patents as Apple had requested - saying that it would take "clear and convincing" evidence to get him to renounce a patent.
“I have to be pretty darn certain a US patent is invalid,” he said.
Only Apple devices that have 4G internet capability will be affected by the case - currently that is just the third edition of the iPad but it will likely include the new iPhone due out on 12 September, as it is expected to have the same 4G or LTE standard connection.
Presumably iPads and iPhones have to be imported *into* the US because they are made and assembled in China.
HTC originally accused Apple of eight patent infringements but that has been whittled down to two in the past year. Both are for data transmission in wireless devices.
If HTC does win the case, it's likely it will use it as a bargaining tool with Apple in their broader patent wars.
The complaint brought by HTC Corp against Apple: 'Certain Electronic Devices with Communication Capabilities Components Thereof, and Related Software' DN 2841 is being heard by the International Trade Commission. ®
COMMENTS
OK I'll feed the troll
I posted the 1st comment and just to put you straight -
I am mid 30s, wife, kids, car, house with a decent job and could afford an iphone many, many times over. I wouldn't buy one though even if it was the best phone on the market (which it isn't) because of the truly shitty way Apple have behaved over the years. As for juvenile, re-read your post and see who comes out the most childish here. Did I mention android? My statement made it blatantly obvious that I don't want Apple to win because of their behaviour, nothing else.
Why is it Apple fans automatically assume that the only reason people don't buy Apple is because they can't afford it? Why do they have to throw a screaming tantrum every time somebody disagrees with them and start name calling. Is it because they don't have the brains for an intelligent rebuke?
That brings me to the other reason I won't buy Apple, which is the exact same reason I didn't buy a BMW last year when I bought a new car even though I did like it on the test drive and that reason is because everybody knows that a very large percentage of those who buy those brands do so because they are egotistical, arrogant cocks who just want to show how well off they are and think themselves so much better than everybody else and I prefer to distance myself from such people.
Please please please
Let it go HTCs way and get apple battered by the system they have abused so much.
Probably too much to ask though as it's a US court
"why El Reg fails to put an age restriction on the site..."
Because it seems that making anonymous, juvenile trolling posts can't be pinned down to any particular age group...
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