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'


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. ®

Similar topics


Other stories you might like

  • Yet again, Cream Finance skimmed by crooks: $130m in crypto assets stolen

    Third time's the unlucky charm for loan outfit

    Decentralized finance biz Cream Finance became further decentralized on Wednesday with the theft of $130m worth of crypto assets from its Ethereum lending protocol.

    Cream (cream.finance and not creamfinance.com) reported the loss via Twitter, the third such incident for the loan platform this year.

    "Our Ethereum C.R.E.A.M. v1 lending markets were exploited and liquidity was removed on October 27, 1354 UTC," the Taiwan-based biz said. "The attacker removed a total of ~$130m USD worth of tokens from these markets, using this address. No other markets were impacted."

    Continue reading
  • OpenID-based security features added to GitHub Actions as usage doubles

    Single-use tokens and reusable workflows explained at Universe event

    GitHub Universe GitHub Actions have new security based on OpenID, along with the ability to create reusable workflows, while usage has nearly doubled year on year, according to presentations at the Universe event.

    The Actions service was previewed three years ago at Universe 2018, and made generally available a year later. It was a huge feature, building automation into the GitHub platform for the first time (though rival GitLab already offered DevOps automation).

    It require compute resources, called runners, which can be GitHub-hosted or self-hosted. Actions are commands that execute on runners. Jobs are a sequence of steps that can be Actions or shell commands. Workflows are a set of jobs which can run in parallel or sequentially, with dependencies. For example, that deployment cannot take place unless build and test is successful. Actions make it relatively easy to set up continuous integration or continuous delivery, particularly since they are cloud-hosted and even a free plan offers 2,000 automation minutes per month, and more than that for public repositories.

    Continue reading
  • REvil gang member identified living luxury lifestyle in Russia, says German media

    Die Zeit: He's got a Beemer, a Bitcoin watch and a swimming pool

    German news outlets claim to have identified a member of the infamous REvil ransomware gang – who reportedly lives the life of Riley off his ill-gotten gains.

    The gang member, nicknamed Nikolay K by Die Zeit newspaper and the Bayerische Rundfunk radio station, reportedly owns a €70,000 watch with a Bitcoin address engraved on its face and rents yachts for €1,300 a day whenever he goes on holiday.

    "He seems to prefer T-shirts from Gucci, luxurious BMW sportscars and large sunglasses," reported Die Zeit, which partly identified him through social media videos posted by his wife.

    Continue reading

Biting the hand that feeds IT © 1998–2021