Apple has filed its third International Trade Commission (ITC) complaint against HTC in as many years, reports “FOSS Patents” (http://macte.ch/7Tm9X). Apple says HTC’s new devices infringe its data tapping patent.
Apple is asking the ITC for an emergency proceeding and enforcement action to prevent further infringement. The filing targets 29 devices.
Last December Apple won an exclusion order banning the importation of HTC Android devices at the International Trade Commission. The ITC found that Android’s messaging app and browser infringed upon Apple patent #5,946,647. On Wednesday Apple won its request to have a trial filed by Motorola Mobility in the Southern District of Florida consolidated with a second lawsuit that also involves HTC. The consolidated case is now scheduled to go to trial in April 2014.
In November 2010 Apple sued Motorola, alleging that the company’s smartphone lineup and the operating software it uses infringe on the iPhone-maker’s intellectual property. The two lawsuits came after Motorola sued Apple in October 2010 for patent infringement. Motorola claims that Apple’s iPhone, iPad, iPod touch and certain Mac computers infringe Motorola patents.
Also in 2010 Apple filed a lawsuit against HTC for infringing on 20 Apple patents related to the iPhone’s user interface, underlying architecture and hardware. The lawsuit was filed concurrently with the U.S. International Trade Commission (ITC) and in U.S. District Court in Delaware.