Apple has requested that the ITC order an immediate U.S. import ban of 29 HTC Android devices citing continual infringement of the '647 "data tapping" patent, reports FOSS Patents.
HTC says Apple is trying to broaden the scope of a import ban ordered in December and wants a new investigation on the matter.
Apple is right that HTC's new Android devices, based on the undisputedly accurate screenshots Apple provided, still link multiple actions to detected structures. A short press on a detected structure triggers only one action, but a long press presents a menu with multiple options. On the surface, this suggests a continued infringement of the '647 "data tapping" patent unless Google and HTC have restructured the relevant code. For example, Judge Posner just outlined a way in which, according to his claim construction (which is slightly different from that adopted by the ITC), one could avoid infringement of the '647 patent while still providing the same functionality to the end user.
Apple also suggests that HTC overcame a U.S. Customs ban by misrepresenting the behavior of its new devices.
"HTC's misstatements here provide further support for Apple's request for relief and temporary emergency action. As set forth in its Enforcement Complaint, Apple is concerned that these misstatements formed the basis for U.S. Customs and Border Protection's ('Customs') apparent determination not to enforce the LEO and exclude HTC's new Android Products. That is, if HTC is now telling the Commission that its Android Products contain functionality that 'links only a single action to a detected structure,' Apple can fairly assume that HTC told Customs the same thing, despite the incontrovertible showing in Apple's Enforcement Complaint that HTC's representation is wrong. Thus, HTC's factually erroneous excuse for continued importation of products covered by the LEO bolsters the necessity for emergency relief."
A more in depth analysis of the situation can be found at the link below...
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HTC says Apple is trying to broaden the scope of a import ban ordered in December and wants a new investigation on the matter.
Apple is right that HTC's new Android devices, based on the undisputedly accurate screenshots Apple provided, still link multiple actions to detected structures. A short press on a detected structure triggers only one action, but a long press presents a menu with multiple options. On the surface, this suggests a continued infringement of the '647 "data tapping" patent unless Google and HTC have restructured the relevant code. For example, Judge Posner just outlined a way in which, according to his claim construction (which is slightly different from that adopted by the ITC), one could avoid infringement of the '647 patent while still providing the same functionality to the end user.
Apple also suggests that HTC overcame a U.S. Customs ban by misrepresenting the behavior of its new devices.
"HTC's misstatements here provide further support for Apple's request for relief and temporary emergency action. As set forth in its Enforcement Complaint, Apple is concerned that these misstatements formed the basis for U.S. Customs and Border Protection's ('Customs') apparent determination not to enforce the LEO and exclude HTC's new Android Products. That is, if HTC is now telling the Commission that its Android Products contain functionality that 'links only a single action to a detected structure,' Apple can fairly assume that HTC told Customs the same thing, despite the incontrovertible showing in Apple's Enforcement Complaint that HTC's representation is wrong. Thus, HTC's factually erroneous excuse for continued importation of products covered by the LEO bolsters the necessity for emergency relief."
A more in depth analysis of the situation can be found at the link below...
Read More