The world’s most litigious corporation had other ideas. In June, Apple filed a complaint accusing HTC of lying to customs in order to skirt the exclusion order. It was Apple’s contention that HTC had not made the changes specified in the ban order, and was thus in breach of the court’s dictate.
So the Cupertino colossus appeared before the International Trade Commission, the US agency that enforces such injunctions and import restrictions, demanding that HTC be immediately prevented from importing for sale any handset running Android.
HTC countered that its mobile devices and the software running on them had been modified as the law required, and clearly US Customs agreed since the phones were back on store shelves and selling like hotcakes. The Taiwanese phone maker also pointed out that Apple, apparently in a desperate attempt to bluff the ITC sleuths, had resorted to legal argument that had never been presented as part of the patent dispute.
And the ITC agreed. Their decision includes the following: “The commission finds that Apple has not demonstrated the propriety of temporary emergency action here… will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission’s limited exclusion order."
Or in layman’s terms, the ITC refused to impose a Temporary Emergency Action ban because Apple was not credible in its claims that HTC was still infringing. A spokesperson for HTC reiterated the company’s intention to “vigorously defend” against Apple’s legal attacks. Apple, on the other hand, was unusually silent on the outcome.
However, in another litigation, far… far away…
Samsung’s attempt to have Judge Lucy Koh stay the injunction on the Tab 10.1 has fallen on deaf ears. Sammy had attempted to have the ban postponed until its appeal was heard by the Federal Appeals Court, but Judge Koh was having none of it. At the time of writing, her reasoning had not been reported, but was expected “shortly”.
As noted by everybody and their dog, the Tab 10.1 is at the end of its life, having been deprecated by the 10.1N modified version and the new Tab 2 model which replaced the original 10.1 that this case references.
Not really the legal results Apple is trying for, but every nuisance lawsuit it can level at its Android-sporting competitors will give the Cupertinians some comfort.