The International Trade Commission should have made a ruling today, December 6, in the Apple versus HTC case, where Cupertino accuses Android-powered phones to be iPhone “rip-offs”. Instead of a ruling, the ITC published an official notice postponing the ruling to December 14.
If siding with Apple, HTC could see a U.S. import ban on its devices. The ITC Office of Unfair Import Investigations earlier said that “there is no evidence that U.S. demand for the accused
As Florian Müller — mobile patent blogger — points out, “Apple’s key arguments make a lot of sense in light of technical realities” but, “unfortunately for Apple, the Commission, the six-member decision-making body at the top of the ITC, isn’t a technical committee. Those are lawyers, and whenever they can’t form their own opinion as to what makes technical sense, they’ll have to use legal methodology to arrive at a conclusion and rely on testimony.”
With the ruling delayed for next week, we’re looking forward to a pretty busy period. We’ll have the Apple vs. HTC ITC ruling on the 14th, three Microsoft vs. Motorola Mobility hearings in Germany on December 15, a Samsung vs. Apple hearing in Germany as well as one in Italy on the 16th plus another ITC case in Microsoft vs. Motorola.