Apple has been duking it out with Android manufacturers for
the past couple years, and very few are safe. Samsung has already
suffered some big losses with the banning of its Galaxy Tab in Germany and Australia. HTC, however, has remained mostly safe from Apple’s wrath.
In July the Taiwanese manufacturer had a close call, as Administrative Law Judge Carl Charneski ruled that HTC was infringing two of Apple’s proposed 10 patents. Of course, before any serious action could be taken the ITC needed to have a look, which is exactly what’s happened.
Luckily for HTC, most of the infringement “charges” have been
dropped, save for two claims in one patent, ruled the ITC. The patent
HTC is apparently infringing is U.S. Patent No. 5,946,647,
specifically claims 1 and 8. Unfortunately for HTC and all other
Android manufacturers, those claims cover a few different features that
are baked right into Android, including the ability to push-to-talk on a
phone number within an email.
As far as HTC is concerned, this is a rather small win for Apple. Reutersreports that the infringing products won’t be allowed into the country
if HTC can’t alter them. According to the official paperwork, the
limited exclusion order will begin on April 19, 2012. But there’s an
exception:
In addition, the Commission has determined, based on
consideration of the effect of exclusion on United States consumers,
that until December 19, 2013, HTC may import refurbished handsets to be
provided to consumers as replacements under warranty or an insurance
contract (whether the warranty or contract is offered by HTC, a carrier,
or by a third party).
HTC has seemingly already figured a solution to the problem, offering the following statement to BGR.
We are gratified that the commission affirmed the judge’s
determination on the ‘721 and ‘983 patents, and reversed its decision
on the ‘263 patent and partially on the ‘647 patent. We are very pleased
with the determination and we respect it. However, the ‘647 patent is a
small UI experience and HTC will completely remove it from all of our
phones soon.
While HTC asserts that the claims only cover a UI experience,
supposedly HTC’s Sense UI, the Galaxy Nexus which runs pure Android 4.0
Ice Cream Sandwich also allows for push-to-call within an email. So,
this likely presents a greater problem for Android makers in general. A
feature as simple as push-to-talk within an email is something we’ve all
grown accustomed to. Who knows how many more simple, but wonderful,
features within Android are also infringing Apple patents?
It’s been Apple’s mission to destroy Android, and HTC is but a mere stepping stone.
