Apple is not locked in legal battles not only with Samsung, although at times that seems the case. What with all the media mileage the Apple and Samsung global legal war gets, people tend to forget that Apple has also sued and has been sued by other companies like HTC, Motorola and others.
In the most recent development in the Apple legal war against HTC, a judge in the US has indicated that Apple may have a hard time invalidating the patents held by the Taiwan-based smartphone maker. Furthermore, the US International Trade Commission (ITC) judge has implied that the patents HTC is using are likely valid.
The information comes to us via Bloomberg which reported about recent comments made by ITC Judge Thomas Pender in the recent hearing between Apple and HTC in the court.
The ITC can rule regarding patents and has the authority to ban products in the US deemed in violation of patents held by other companies.
What Apple has tried to argue in the courtroom is that the HTC patents were bought by the company just as legal ammunition against the iPhone maker.
Bloomberg reports that HTC acquired the two patents it alleges Apple of infringing back in April 2011. “The patents are part of a portfolio HTC bought for $75 million from ADC Telecommunications Inc.,” the publication said.
These patents are for technologies related to 4G telecommunications. In layman terms, the technologies cover how large amount of data are transferred in a short amount of time.
When an Apple lawyer suggested to the court that HTC bought the patents just so that it could sue Apple with them, the judge says that he does not care if that’s the case.
“I don't care if they bought these patents to sue you or not. They are a property right,” the judge said.
Furthermore, he added that “Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid.” That comment was about Apple’s request to invalidate the patents held by HTC.
If HTC wins, which in this case has moved closer to reality as the judge has hinted that Apple will have a tough time invalidating the patents, it could request a ban on the iPhone and the iPad.
Furthermore, if Apple releases a 4G iPhone with its iPhone 5 release on Wednesday, HTC could request to ban that smartphone in the US too.
What do you think of this latest development in the courtrooms? Tell us more in the comments section below.
Image from he&lei on Flickr (CC)[cb]HTC[/cb]
[cb]Apple[/cb]
