Tag Archives: international trade commission

Import ban on select Motorola Android products starts today

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It's been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola's Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 -- alongside a whole pile of lesser-known models-- the exclusion covers all Motorola devices that infringe on Microsoft's patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US -- the ruling won't affect devices already in stock.

In its own words: "In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft's ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same."

Import ban on select Motorola Android products starts today originally appeared on Engadget on Wed, 18 Jul 2012 09:27:00 EDT. Please see our terms for use of feeds.

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ITC denies Apple’s request for emergency ban against HTC products

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ITC denies Apple's request for emergency ban against HTC

Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple's request for an emergency ban against the alleged infringing products. The news follows Apple's request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, "Apple has not demonstrated the propriety of temporary emergency action," and went on to state, "the commission will 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." Just yesterday, the ITC began an investigation to determine whether HTC's products continue to violate a patent held by Apple, which would be a violation of December's exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.

ITC denies Apple's request for emergency ban against HTC products originally appeared on Engadget on Mon, 02 Jul 2012 22:28:00 EDT. Please see our terms for use of feeds.

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Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban

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Microsoft and Motorola

Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console's US future was in doubt. The agency hasn't necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola's case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won't come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola's favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won't face any real risk of a ban in 2012, at a minimum. If the new decision doesn't clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit's trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We've rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there's a distinct chance of that flip happening here -- especially as the ITC is using Apple's successful dismissal of an S3 Graphics victory as the judge's new template.

Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban originally appeared on Engadget on Sat, 30 Jun 2012 17:51:00 EDT. Please see our terms for use of feeds.

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HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver

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HTC One S international

HTC was understandably upset when its first ITC complaint against Apple was tossed out. The company must have since decided that it has bigger fish to fry, as it was just granted a motion to dismiss its federal-level appeal. The choice isn't a defeat so much as an acknowledgment that other disputes are underway which stand a better chance of surviving scrutiny. As it stands, HTC already has more appeals either on deck or in progress that it will more likely want to pursue, such as the dispute over using Google's patents as well as its off-again, on-again acquisition target S3 Graphics' loss at the ITC last year. Apple, naturally, hasn't been waiting around.

HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver originally appeared on Engadget on Wed, 13 Jun 2012 23:17:00 EDT. Please see our terms for use of feeds.

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HTC decides to buy S3 after all, keeps it on ice for future patent wars

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HTC hearts S3 Graphics

HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.

HTC decides to buy S3 after all, keeps it on ice for future patent wars originally appeared on Engadget on Tue, 12 Jun 2012 11:40:00 EDT. Please see our terms for use of feeds.

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ITC denies HTC chance to wield Google patents against Apple

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ITC denies HTC a chance to wield Google patents against Apple

HTC hasn't been having the best time bringing ITC disputes against Apple, and the situation just got a bit more glum. Administrative Law Judge Thomas Pender has ruled that HTC can't use the patents it borrowed from Google to challenge Apple's products, as the Taiwan phone maker hasn't properly acquired all the necessary rights. If the decision is upheld after the (possible) appeal, it cuts the amount of ammunition for HTC's second complaint by more than half: only three of the eight patents will hold up. The One X designer can still try to appeal or get Google involved, and Apple still can't rest easy knowing that just one patent infringement verdict would be bad news. Even so, the ruling does take a considerable amount of sting out of the ITC case as-is -- and at a time when Apple is ramping up its own complaints.

ITC denies HTC chance to wield Google patents against Apple originally appeared on Engadget on Mon, 11 Jun 2012 11:56:00 EDT. Please see our terms for use of feeds.

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FTC tells ITC that bans over standards-based patents aren’t kosher, looks warily at Motorola and Samsung

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Motorola Droid RAZR and Apple iPhone 4

Most of the scrutiny over abuse of standards-based patents has come through European Union investigations of Motorola and Samsung. That attention might come to the US if the Federal Trade Commission has its way. It just sent a letter to the International Trade Commission arguing that companies should be blocked from landing bans if they base their disputes on standards. These kinds of blockades "deter innovation" and spur companies to try for much more of a cash windfall from a patent than it's really worth, the FTC argues. The letter doesn't directly accuse anyone of getting their fingers dirty, but there's little doubt that it's referring to Motorola (now part of Google) and Samsung: their varying ITC disputes against Apple and Microsoft are often based around standards patents for technologies like 3G and H.264 video, which aren't supposed to demand legal action except as a last resort. An angry FTC missive doesn't constitute a formal investigation that would actively worry either Motorola or Samsung, but it certainly fires a warning shot across the bow.

FTC tells ITC that bans over standards-based patents aren't kosher, looks warily at Motorola and Samsung originally appeared on Engadget on Thu, 07 Jun 2012 18:24:00 EDT. Please see our terms for use of feeds.

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Apple hits HTC with third ITC dispute, One series goes under the gun

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HTC One X for AT&T

Apple chief Tim Cook might have said that he doesn't like lawsuits, but he must have left a loophole open for International Trade Commission disputes. His company quietly filed a third challenge against HTC on June 4th (just now coming to light) that -- surprise -- claims HTC is still violating patents that it supposedly worked hard to avoid. If successful, Apple would slap down 29 devices that include a much more modern set of hardware than the first two disputes, including the One X (and EVO 4G LTE), One S and One V. Apple had success in December with the final results of its first ITC complaint and may simply be rolling the dice to try for more. Whatever throw Apple lands, there's no doubt that HTC and its fans are exasperated at the thought of more launch delays, or worse.

Apple hits HTC with third ITC dispute, One series goes under the gun originally appeared on Engadget on Wed, 06 Jun 2012 10:07:00 EDT. Please see our terms for use of feeds.

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Customs stops delaying HTC One X and EVO 4G LTE devices after ‘review’

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Customs stops delaying HTC One X and EVO 4G LTE devices after 'review'

HTC-branded crates have been trickling through customs for ten days already, following a total clamp-down earlier in May, but it's only now that they're able to pass through without lengthy extra checks. The manufacturer says it has "completed the review process with US Customs" and that it is "confident that we will soon be able to meet the demand for our products." That obviously raises the question as to why the HTC One X and EVO 4G LTE devices were held up in the first place. The ITC had earlier ruled that HTC infringed on an Apple patent about data detection, concerning a handset's ability to recognize and move around personal data, for example between the contact entry and the calendar, and it had given HTC until April to remove that feature. HTC agreed to that, but it appears customs officials initially needed to check every box to ensure that products arriving in the US were of the compliant type. Meanwhile, the LTE part of the EVO 4G is still waiting for its luggage.

Customs stops delaying HTC One X and EVO 4G LTE devices after 'review' originally appeared on Engadget on Wed, 30 May 2012 03:28:00 EDT. Please see our terms for use of feeds.

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ITC says again that Apple and RIM don’t violate Kodak patent

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Kodak, Apple and RIM go pow

Kodak hasn't caught a break lately, and that trend isn't easing up any time soon with a second rejection arriving in its main International Trade Commission (ITC) patent dispute with Apple and RIM. Despite having had its case remanded after a loss last year, Kodak is once more being told that BlackBerrys and iPhones don't violate a patent on previewing photos. The one violation was rendered moot through "obviousness," according to administrative law judge Thomas Pender. It's still an initial ruling, and Kodak is trying to put a positive light on the situation -- it's "pleased" there's still an infringement, even if the patent claim is invalid -- but the patent wars aren't looking good for a photography company that has already had to give up cameras to have a chance of staying afloat. Most of Kodak's hope, then, will be pinned on a second wave of ITC disputes that might stand a better chance of putting at least Apple's feet to the fire.

Continue reading ITC says again that Apple and RIM don't violate Kodak patent

ITC says again that Apple and RIM don't violate Kodak patent originally appeared on Engadget on Mon, 21 May 2012 15:59:00 EDT. Please see our terms for use of feeds.

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