Home > I.P. Freely > Apple and Nokia duke it out at the ITC

Apple and Nokia duke it out at the ITC

The ITC is a great forum for patent litigation, I hope to have some more about this topic a little later, but, I came across a pretty good article about the latest Apple v. Nokia dispute. Turns out, back in April 2011, the ITC had recommended that HTC and Nokia shouldn’t be held liable for patent infringement.

Apple had been seeking to bad imports of HTC smartphones that run the Google developed Android operating system, as well as some Nokia phones. The ITC staff recommendations are not binding here, they are only recommendations.  This is the first case involving a patent dispute over smartphones using the new Android OS to reach this level at the ITC. The ITC is a quasi-judicial federal agency that arbitrate international trade disputes. There are many advantages to litigation at the ITC, one of which is that some of the binding precedent at district court does not apply at the ITC. The smartphone industry is estimated to be a $100 billion market.

Apple’s dispute is that Taiwan-based HTC infringes five of its patents. The patents are described as being important for the “seamless integration of hardware and software.”  Stay tuned for August 5, when Judge Carl Charneski is scheduled to release his findings. The court’s order is subject to review by the ITC, which can bar imports of products found to infringe U.S. patents.

The patents including those related to signal processing and inter-process communications are from technology developed in the early 1990s and “were, at best, a very narrow distinction” from the invention of others.


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