Apple appeals against lenient ITC decision in HTC patent infringement case

Only 1 out of 10 complaints considered by the courts

Patents, patents, patents. Will we ever hear the end of them?

Apple has appealed against an ITC decision, made back in December 2011, in which it let HTC off the patent infringement hook. HTC was adjudged to have infringed only one of the ten original complaints Apple has filed had against the Taiwanese firm.

HTC was given, not an outright ban, but a transitional period of time to alter its devices, during which time it would still be allowed to ship infringing products.

'Realistic chances'

"Apple wouldn't be Apple if it contented itself with an outcome that represents significant progress but is clearly suboptimal, especially since it falls short of the initial determination made by an Administrative Law Judge," commented patent law expert Florian Mueller over at FOSS Patents.

"It's clear that Apple's appeal of the ITC ruling at least aims to broaden the scope of the import ban by including the '263 patent," he added, referring to the a realtime API patent which details a "real-time signal processing system for serially transmitted data".

"If Apple succeeded, this would greatly increase the business impact of the import ban.”

Mueller also highlighted that despite its chances of winning the appeal, Apple may still be left waiting for tangible results to surface from the case.

"Whatever the scope of Apple's appeal against the ITC may be, I believe Apple has realistic chances of winning a better outcome, but this will take time before the CAFC hands down its decision on this appeal."

[source: Foss Patents]

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