On July 15th, an ITC judge decided that HTC infringed on 2 of the 4 patents that Apple used against HTC. Now, it seems that a U.S Trade Agency has formed a 6 person comission to review to validity of these 4 patents, and whether a correct interpretation has been made for three of the patents.

That means they could either invalidate Apple’s win, or they could make it so HTC is responsible for the infringement of just one patent, or two of them, or even of all three (in which case Apple would be even happier with the review).

Apple has accused HTC of “stealing” their technology from the iPhone in this trial, and HTC has stated that no matter the infringement, there are “alternate solutions in place” to work around the patents.

The patents that HTC has been found of infringing  cover transmission of multiple types of data and a system that can identify phone numbers in an e-mail in a way that lets the user dial or store that number, while the other two relate to object-oriented programming, a way of writing and executing software.

HTC is obviously pleased with the decision to review the case and the patents involved, as there is a small chance they’d be found guilty of infringing on the 3rd patent, while there is a high chance of the commission invalidating at least one, if not both the patents that HTC has been found of infringing in the lawsuit.

This new commission has asked Apple to show them that they are using the inventions in the 2 patents in their products, and whether they are using them or not, could influence their decision.

In an August 25th filing, HTC said that 36% of the Android smartphones in USA are made by them, and banning the import of their phones would eliminate the most popular Android smartphone brand in USA. HTC has until December 6th to solve this somehow, or they risk having ITC ban their devices from USA (though I doubt it will go that far). Right now this commission review seems HTC’s best chance to escape those patent infringements.

  • James Keown

    What a joke. Why would HTC want to steal ideas from the iPhone? HTC phones are easily superior.

    • gtfojobbs

      cuz htc means HIGH TECH CORP. not sheeple lowtech,ahem apple

  • Tom Clarence

    another reason to give Apple device a miss…

  • Anonymous
  • AppleFUD

    Maybe the US Trade Agency is getting wise to these companies patenting tech that they don’t have, never created, and/or are not using at all. . . and of course, there’s tons of prior art for.

    There was a time when you could not patent an idea. Now that seems all tech companies do, patent a bunch of stuff they sit around thinking up without ever putting any R&D into how viable & feasible it really is.

    I say, a patent can’t be filed until a product has that specific item in it fully functioning. . . and there is no prior art and it is not tech built on top of another patent. Yeah, that would kill at least 90% of the current patent filings.

  • Anonymous

    Since when do we cheer lead for a company that steals another companies IP?
    You should be pissed off that HTC stooped to that level.
    You should be even more pissed that an American company, Google, is abetting an Asian company, HTC, in stealing an American companies IP.
    Don’t be like Google- no class and morals.

    • NobodyLikesYou

      You sir, are an idiot.

    • hohopig

      Do you .. even know .. what is the issue here.

    • Marvin Nakajima

      You do understand that all the arguments are based on the patents being valid. If they are not, there is no infringement and you have just condemned a company of something which they are not guilty. Apple may once again have to release an ‘apology’ and you know how the UK one went..

      Augh. Just realized I replied to a year old post. :P