Apple iPhone 5 could be banned in US by HTC LTE patents

By , ITworld |  Networking, Apple, HTC

banned circle and line

flickr/uvw916a

Two patents HTC bought for their Thunderbolt LTE phone back in April 2011 look strong enough to an ITC judge to ban iPad 3 and iPhone 5.

Taiwanese phone company HTC sued Apple in a complaint to the International Trade Commission, where Judge Thomas Pender said it would take “clear and convincing” evidence to renounce the US patents. Apple has requested the patent ivalidation, since their new iPhone 5 and iPad 3 with 4G Internet connections may violate HTC's patents.

The LTE (Long Term Evolution) patents in question cover methods used in 4G devices for faster downloads. Although HTC listed eight patents they claim Apple violates, all but the last two have been eliminated from the action. If HTC wins, most observers expect them to use these patents as chips in defense against Apple's claims of HTC infringement on Apple iPhone patents.

Apple will win

Anyone who thinks that Apple will be banned from selling the iPhone 5 in the US must also believe in fairies, leprechauns and the wizard of oz.
Anonymous Coward on theregister.co.uk

The worst that will happen is that Apple will be forced to negotiate some licensing fee for the patents, with HTC getting some cash. Apple would find some legal means by which to get iPhones in the US, really.
Darrin Tisdale on businessweek.com

Apple will lose

Please please please Let it go HTCs way and get apple battered by the system they have abused so much. Probably too much to ask though as it's a US court
Anonymous Coward on theregister.co.uk

This whole lawsuit strategy is going to cost Apple ten times as much as they could have hoped to gain.
ldo17 on zdnet.com

Yes, these are Standard Essential Patents, it's not going to be a cakewalk for the ITC to issue an injunction on these.
Tropican on businessweek.com

But the fact is, Apple deserves this. Apple has been abusing the patent system since it patented the Xerox-invented graphical interface Apple uses on its Macs.
WatAWorld on theregister.co.uk

Patent craziness

HTC missed a trick … They should have sold the patent to Samsung.
frank ly on theregister.co.uk

HTC should just STFU, They dont own LTE, Nor did they make it, It was Verzion(?) who made it..
EllaiMac on zdnet.com

Wrong. The 3rd Generation Partnership Project created LTE. It was first publicly released by TeliaSonera in Norway, with Verizon making it available to the US.
SSJGoten on zdnet.com

What do you think the over/under odds are for Apple's iPhone 5 actually being banned? 1 to 99?

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