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The new 4G iPhone 5 could be banned in the USA after a US judge indicated HTC has a healthy LTE patent claim against Apple.ITC Judge Thomas Penders said after hearing claims that a patent shouldn’t have been issued, “Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid.”
Apple will have to prove the HTC patents are invalid, Penders believes this will be hard to prove.
Analysts have said that if HTC’s patents for LTE technology prove to be valid, Apple could find themselves in a bit of trouble in regards to its use in any of their devices. Also set to attack Apple for using 4G LTE technology is Samsung who also own several patents relating to 4G technology.
HTC’s chairperson Cher Wang said her Company had “no intentions” of settling with Apple after Samsung was handed a defeat in their patent lawsuit against the iPhone maker.
HTC believes Apple is violating two of their patents regarding LTE technology.
At the heart of the dispute are patents HTC purchased from ADC Telecommunications Inc for $75 million “to protect itself and its customers from these aggressive tactics and to preserve its ability to compete in the United States.”
Judge Pender believes HTC still has a healthy claim to the patents.
In a blunt exchange with Apple lawyer Michael McKeon, of Fish & Richardson in Washington, Judge Pender said, “I don’t care if they bought these patents to sue you or not. They are a property right.”
