Apple Doubles Down, Lodges Second Complaint Against HTC Before First One Is Settled
Posted 07/11/2011 at 1:33pm
| by Adrian Hoppel
Foss Patents reports that Apple filed another patent infringement complaint with the International Trade Commission against HTC. The complaint, filed on July 8, is based on five patent claims. Last year, Apple lodged its initial complaint against HTC with the ITC over ten patents.
The original claim, filed on March 2, 2010, may not end up the way Cupertino wants. This past April, a department of the ITC tasked with representing the public in these disputes found Apple's claim to be a little weak at best. The department known as the Office of Unfair Import Investigations (OUII) recommended that, "HTC and Nokia shouldn't be found liable of infringing [Apple]'s [asserted] patents." The ITC is not bound to follow the recommendations of the OUII, but often does.
This second filing may be simply a backup plan by Apple if they no longer have faith the initial claim will fall their way. Foss Patents indicates that Nokia used a similar tactic, filing a second ITC complaint before the first is settled, against Apple this past spring; the end result of that dispute was a settlement between Apple and Nokia in June.
As usual, all of the HTC products accused of infringing on Apple patents are -- wait for it -- based on Android.