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Obama administration vetoes ITC import ban on older iPhones and iPads
As reported by the Wall Street Journal, on Saturday the Obama administration vetoed the US International Trade Commission's import ban on older models of Apple's iPads and iPhones. The ITC ordered the ban after it found the Apple devices infringed a Samsung patent. The ban, had it been enforced, would have blocked importation of the GSM-compatible iPad 2 and iPhone 4. In his letter to the Chairman of the ITC, U.S. Trade Representative Michael Froman focused on the issue of the fair, reasonable and non-discriminatory (FRAND) licensing of standards-essential patents (SEPs). He writes that "licensing SEPs on FRAND terms is an important element of the Administration's policy of promoting innovation and economic progress." Apple contacted AllThingsD with a statement supporting the decision. "We applaud the Administration for standing up for innovation in this landmark case. Samsung was wrong to abuse the patent system in this way," an Apple spokeswoman said. Froman says this decision is "not an endorsement or criticism of the Commission's decision or analysis" and adds that Samsung may "continue to pursue its rights through the courts." You can read his full decision in this PDF. Apple has its own complaint pending against Samsung with the ITC, as noted yesterday. Although Verizon doesn't sell the GSM iPad 2 or iPhone 4, a company representative weighed in supporting the Obama veto in the WSJ last month.
Import ban on select Motorola Android products starts today
It's been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola's Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 -- alongside a whole pile of lesser-known models-- the exclusion covers all Motorola devices that infringe on Microsoft's patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US -- the ruling won't affect devices already in stock. In its own words: "In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft's ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same."
Customs slowly letting HTC handsets into the US, can't say which ones
Still waiting for your HTC handset to make its way through customs? Ratchet your hopes just a smidge higher, because the company says it's making progress. "Some models have gone through inspection and been released to our carriers customers," the firm stated in an investor statement today. HTC explained that each of the contested models needs to be reviewed by officials before release, and assures customers that it is working with customs to speed along the process. Which devices are making it through? "We don't have the status of each specific device at this time," HTC says, "We remain confident that this issue will be resolved soon." Sure, that's not much to go off of, but we'll take what we can get.
T-Mo delays HTC Amaze 4G online orders due to 'unforeseen issue,' has other recommendations
Hot off the heels of the One X and EVO 4G LTE spending some prolonged time at customs, now another member of HTC's sensational family appears to be feeling the rigorous effects of the ITC. According to a recent email acquired by TmoNews, it looks as if the Magenta carrier is delaying shipments of the HTC Amaze 4G in the US, saying it's facing "an unforeseen issue with receiving the product from the manufacturer," and that it doesn't know when the handset will be up for grabs again. What's also interesting here, however, is T-Mobile going as far as recommending Sammy's Galaxy S Blaze 4G as a substitute -- which, let's face it, can't be good news for HTC. Here's to hoping this all gets sorted out relatively soon. In the meantime, you can check out the aforementioned email in its entirety at the source below.
ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)
At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement: Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents. -- David Howard, corporate vice president and deputy general counsel Microsoft We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say. Update: Motorola has issued an understandably somber statement on the ruling: Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.
HTC One X and EVO 4G LTE delayed at customs due to ITC exclusion order (updated)
We've just received a statement from HTC indicating that two of its flagship devices -- the One X for AT&T and the EVO 4G LTE for Sprint -- have been delayed at customs due to an ITC exclusion order that was handed down last December at Apple's behest. That order was set to go into effect on April 19th, and it looks like HTC's two new stateside superphones are the first to feel Apple's the government's wrath. Here's HTC's take on the matter: The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval. The HTC One X and HTC EVO 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible. We've reached out to HTC for clarification on the delay and to find out if this will affect the launch of the EVO 4G LTE, which is expected to hit the shelves this Friday, May 18th. Stay tuned for updates. Update: While HTC doesn't have any additional information to share at this time, we've also contacted AT&T and Sprint for comment. Let's just hope that the issue can be resolved in a timely manner. Update 2: Sprint and AT&T both declined to comment, but HTC provided the following information about the EVO 4G LTE: We can confirm that the product will not be in stores this Friday. Products for pre-order are on hold. We'll provide a ship date as soon as we're able. HTC will work with Sprint to maintain the promise for pre-order customers so they will be among the first to receive their HTC EVO 4G LTE units when available.
Sharp says ITC ban on LCD imports won't affect US consumers
We just spent some time talking to Sharp's reps about that ITC ban on its LCD panels, and while they certainly didn't sound happy about the ruling, they made it clear that it shouldn't have too much of an effect on US consumers -- Aquos TVs and Sharp professional LCD displays currently on shelves are fine to be sold, and updated models have been hitting the channel as of last month. As you'd expect, the new displays have been re-engineered to workaround the Samsung patent in question, but here's where it gets confusing: the basic model numbers haven't changed. Instead, the new units have an "N" at the end, so a TV like the Aquos LC52-E77U will now be labeled LC52-E77UN. Sharp says the updated models have exactly the same specs as the outgoing ones, but we're waiting on a detailed list of spec changes -- or better, a side-by-side comparison -- so we can decide whether or not the HDTV equivalents of a pre-CBS Fender are floating around out there.Update: Sharp hit us back with some revised information, so we've changed the post slightly.
Nokia soliciting ITC's help in barring US Qualcomm chip imports
In the case that simply seems to never end, Nokia and Qualcomm are at each other's throats yet again, and yes, it's still over those darned GSM / WCDMA and CDMA2000 chipsets. The latest development involves Nokia asking the US International Trade Commission to "bar the import of some Qualcomm chipsets to the United States, alleging that they are infringing five Nokia patents." Of note, it was stated that the ongoing battle is "worrying investors and the industry on both sides of the Atlantic," but at this point, we think the two are just collaborating to create the longest running, most uninteresting legal hissy fit in history.
