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  • 1 Post By BigDinCA
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    Default ITC's made a decision?

    So I was reading the article on CNET, about the Apple/HTC lawsuit, and I noticed at the end it said:

    While the companies are expected to talk in good faith, it's unlikely a settlement will be reached, Foss Patents' Florian Mueller said. While the ITC case has been decided, there are several outstanding lawsuits still going through multiple courts around the world.
    So does that mean that they can continue shipments? or do they still have to wait for a settlement to be reached?

    Full Article: Judge tells Apple and HTC to start talking settlement | Apple - CNET News
  2. #2  

    Default Re: ITC's made a decision?

    So does this mean it is delayed even later? They are scheduled to sit down for talks on May 28.

    I would view this as the phone being released in June at the earliest.
  3. #3  

    Default Re: ITC's made a decision?

    When it says "the ITC case has been decided," I believe they mean the initial ruling that HTC was infringing on Apple's patents. Its because this case was decided on (and in the favor of Apple) that HTC phones are currently being held at Customs.

    They still need to settle outstanding disputes in a number of courts stemming from the ITC's ruling and thats what will be done in the coming months.

    *Edit* Meant to end with the fact that we don't need to wait until this is resolved to get our phones. HTC supposedly changed the functionality of these specific models to avoid any IP of Apple's. ITC is holding product to ensure that it meets all requirements and is not going against their earlier ruling. They May 28th date is independent of our worries (unless the phones are ruled to be in violation of the patent)
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    Default Re: ITC's made a decision?

    If HTC is no longer in violation with these new devices, why would there be something to "settle"? Or is the judge referring to other issues between Apple and HTC?
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    Default Re: ITC's made a decision?

    Quote Originally Posted by Ry View Post
    If HTC is no longer in violation with these new devices, why would there be something to "settle"? Or is the judge referring to other issues between Apple and HTC?
    They are referring to the other suits out there between the two companies, including the "awarding" of several patents last year to HTC by Google, after which HTC promptly initiated a suit against Apple for infringing on said patents. This has become so ridiculous. But as far as the One X and the EVoltE, there is no settlement to be had because the ITC ruled in Apple's favor and HTC has removed the offending software. In all honesty, it was never actually on these phones but they are the first devices that are coming in since the April19 deadline has passed so they are the first that can be stopped and inspected. I wonder if this will happen with future HTC models that come in, i.e. the new DInc?
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    Quote Originally Posted by BigDinCA View Post
    They are referring to the other suits out there between the two companies, including the "awarding" of several patents last year to HTC by Google, after which HTC promptly initiated a suit against Apple for infringing on said patents. This has become so ridiculous. But as far as the One X and the EVoltE, there is no settlement to be had because the ITC ruled in Apple's favor and HTC has removed the offending software. In all honesty, it was never actually on these phones but they are the first devices that are coming in since the April19 deadline has passed so they are the first that can be stopped and inspected. I wonder if this will happen with future HTC models that come in, i.e. the new DInc?
    Even if they are just speaking about this one single issue, the "settling" would be what does HTC owe Apple for the infringement that was done prior to them changing their code.
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    Default Re: ITC's made a decision?

    Quote Originally Posted by T3charmy View Post
    So I was reading the article on CNET, about the Apple/HTC lawsuit, and I noticed at the end it said:



    So does that mean that they can continue shipments? or do they still have to wait for a settlement to be reached?

    Full Article: Judge tells Apple and HTC to start talking settlement | Apple - CNET News
    Read this article....

    All it's basically saying is that they'll most likely continue with these shipments (thank goodness) and that HTC and Apple will need to settle disputes by 8/28/12 -- the deadline the government is giving them to reach a settlement.
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    Default Re: ITC's made a decision?

    Quote Originally Posted by Mikey47 View Post
    Even if they are just speaking about this one single issue, the "settling" would be what does HTC owe Apple for the infringement that was done prior to them changing their code.
    No. The ITC has the authority to impose monetary punishment on parties involved in disputes, but it did not in this case. The only thing Apple won was an import ban on HTC phones that use this data tapping technology; no money. If HTC fails to adhere to the ITC ruling, they could be sued, but for now, this issue is closed. There are several other suits in various jurisdictions between the two. And also between Apple and Samsung, and Apple and Motorola. FOSS Patents has all of the info. It's interesting and sickening at the same time.

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