USITC to investigate Apple patent complaint as German court bans Samsung Galaxy sales in EU

US and EU

Catherine White-staff reporter

The US International Trade Commission (ITC) has said this week that it will investigate Apple's latest patent infringement complaint against Taiwanese rival HTC.

The ITC said it will investigate Apple's accusations filed in early July that HTC infringed five patents related to software architecture and user interfaces in portable electronic devices, hardware for touch screens and movement sensors.

The latest complaint from Apple also targets HTC mobile phones including the Droid Incredible, Wildfire, EVO 4G and Desire.

The ITC stated, "The USITC has voted to institute an investigation of certain portable electronic devices and related software. The complainant requests that the USITC issue an exclusion order and a cease and desist order."

However, the ITC said it "has not yet made any decision on the merits of the case" by launching the investigation.

The trade authority added it will set a target date for completing the investigation within 45 days after starting the investigation.

In July, an ITC judge ruled that HTC was guilty of violating two Apple patents when it produced mobile phones based on the Android operating system.

The decision is subject to review by the six-member commission but if the commission agrees, it could order an import ban on certain HTC phones that run on Google Android operating system.

General counsel of HTC Grace Lei responded to the ruling saying, "We strongly believe we have alternate solutions in place for the issues raised by Apple."

The ongoing sparring between Apple and HTC started in March 2010, when Apple sued HTC in a California District Court for 20 instances of patent infringement, with regards to various elements of the iPhone.

On 29 July, HTC further stoked the infringement battle flames by filing a suit in the UK. Details have not yet been released by the High Court.

Further, last week, the ITC said it will look into complaints made by Apple that Samsung had copied the designs and packaging of its iPhone and iPad devices.

Apple is requesting a ban on imports and sales of certain Samsung smartphone and tablet products, which its claims infringed its patents.

It is thought an agreement between the pair could be reached as Samsung has already stopped sales of the Galaxy 10.1 tablet computer in Australia.

Additionally, a German court this week issued a preliminary injunction preventing the sale of Samsung's Galaxy in most EU countries, except the Netherlands, where Apple has a separate lawsuit underway.

The injunction was granted in Dusseldorf, Germany, but designated community trademark and design courts in EU member states are able to issue pan-EU injunctions.

The Korean company said it was "disappointed" with the decision, adding Apple's claim was filed without any notice.

"We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world," it said in a statement.