ITC recommends against Apple suits vs HTC, Nokia

The International Trade Commission at a Washington trial on Monday said it was recommending that HTC and Nokia shouldn't be found to have infringed Apple patents. The comments, made in opening arguments for Apple's ITC complaint against HTC and witnessed by Bloomberg, weren't an order but would give a say in Judge Carl Charneski's ultimate ruling. A verdict is expected on August 5.

Apple's claim against Nokia due to be decided earlier, on June 24.

All three sides have been vocal in their defenses. Apple insisted that the inter-process and signal patents were essential to the "seamless integration" of devices like the iPhone, but HTC argued that the nearly 20-year-old patents were no more than a "very narrow distinction" from prior art. HTC's representing lawyer Robert Van Nest paradoxically argued that his company was involved in the cellular field "long before Apple."

Nokia had no new arguments but claimed Apple had chosen to "dredge up patents" as part of its countering complaints, including a private lawsuit. Attorney Pat Flinn believed that Apple's signal processing patent leveled against both HTC and Nokia had been made "moot" by technology and wasn't even used in the iPhone.

The Finnish company insists phone companies using UMTS-based 3G and other cellular technologies owe patents that few companies outside of Apple have contested.

Apple's lawsuit against HTC is widely considered a proxy fight against Google and targets software elements more likely to be found in Android than in HTC's own Sense UI. HTC has its own ITC complaint underway against Apple and should see its own case begin on May 9, although it just last week was told it couldn't include last-minute testimonials in its case.

Patent complaints with the ITC are often used as bargaining chips in lawsuits due to the speedier process. The US agency will often determine whether or not a patent is infringing and can institute bans that can force a settlement before a lawsuit wraps up in court.

By Electronista Staff