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Apple's request for emergency ban on HTC phones in U.S. denied

July 3, 2012

Apple’s savage attacks against everything and anything Android-related don’t seem to be nearing an end, but the Cupertino-based company has received another blow in its legal battle with HTC. The request for an emergency ban against HTC phone imports in the U.S. has been denied by the ITC, which means that the EVO 4G LTE and the One X will be found in store shelves across the States for some time to come.

The U.S. International Trade Commission first issued an order last December that banned HTC from importing several Android devices that apparently infringed on two of Apple’s patents, which prevented, among others, the scheduled release of the EVO 4G LTE over at Sprint.

However, HTC was finally allowed to get its devices in the United States and start selling them. Apple officials then contested the U.S. Customs decisions to let these devices enter the U.S., accusing HTC of “making inaccurate representations to customs officials to bypass the import ban”.

Apple’s accusations have been, however, found to be unsupported by evidence, which is why the ITC’s latest ruling is to “not direct Customs to detain all subject HTC products because the Commission does not have the information necessary to determine whether the respondents are currently violating the Commission’s limited exclusion order.”

As you can notice, the decision is not a final one and is only based on the lack of information necessary to determine if HTC is still in infringement of Apple patents. Therefore, it’s safe to assume that Tim Cook’s company will not leave things this way for a long time and will continue to try to ban HTC’s One X and EVO 4G LTE in the United States with all means possible.

HTC officials stated yesterday in an exclusive talk with Bloomberg that they will continue to “vigorously defend [their] case”, as they feel Apple has no longer grounds for making patent infringement accusations. Neither Tim Cook, nor anyone over in Cupertino has been willing to release an official statement in regards to ITC’s latest provisional ruling, which might mean that Apple is accepting defeat. But most likely it’s the calm before another legal storm.

Be that as it may, this decision still has to be interpreted like a win for HTC, albeit a small one, in the grueling, time-consuming and money-squeezing legal war against Apple.

Keep in touch with our website to find out all there is to know about future HTC vs Apple battles and, in the meantime, if you’re living in the U.S. and thinking of getting one of HTC’s new Android-based smartphones, do it soon, before any other ban will be enforced by God knows who.