Apple to HTC: Stop those Droid, Flyer Sales
Days after filing another suit against Samsung, Apple took aim at smaller rival HTC on Monday, filling a claim with the International Trade Commission (ITC) to ban the sales of the competing smartphones and tablets.
Apple said that HTC was infringing on groundbreaking technologies that Apple developed for its iPod, iPhone and iPad products.
The complaint, filed on July 8, asks the commission to conduct an investigation under Section 337 of the Tariff Act of 1930, regarding certain portable electronic devices and related software, according to a notice on the ITC website.
Section 337 of the Tariff Act of 1930 prohibits unfair import competition, which may threaten a U.S. industry, preventing its establishment or trade in the U.S. It also prevents the importation of things that infringe on U.S. patents and trademarks.
The U.S. International Trade Commission can issue cease and desist or exclusion orders to those found in violation.
The move comes more than a year after Apple filed suit against HTC, alleging 20 instances of patent infringement, all dealing with various elements of the iPhone.
We can sit by and watch competitors steal our patented inventions, or we can do something about it, Steve Jobs said at the time.
We've decided to do something about it. We think competition is healthy, but competitors should create their own original technology, not steal ours.
The move marks Apple's second ITC complaint against HTC; the first also included Nokia.
ITC staff recommended that the commission side with HTC and Nokia in that case, but the recommendation isn't binding, and the judge will issue his decision on August 5.
This suit is just the latest in Apple's battle to fend off competitors with legal tactics.
About two months ago, Apple sued Samsung for copying the look and feel of its iPhone and iPad with its Galaxy S line of smartphones and tablets.
Samsung countersued, but in late June, took its fight to the ITC.
Apple filed its own ITC complaint last week.
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