Import ban on select Motorola Android products starts today

It’s been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola‘s Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 — alongside a whole pile of lesser-known models– the exclusion covers all Motorola devices that infringe on Microsoft’s patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US — the ruling won’t affect devices already in stock.

In its own words: “In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft’s ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same.”

Import ban on select Motorola Android products starts today originally appeared on Engadget on Wed, 18 Jul 2012 09:27:00 EDT. Please see our terms for use of feeds.

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Motorola Android device import ban takes effect today

Microsoft scored a win against Motorola back in May, with the ITC ruling that the smartphone manufacturer had violated an ActiveSync patent on its handsets. The ban is scheduled to come into effect starting from today, but Motorola has said that it has a plan that will allow its products to remain available to customers. The company issued a statement regarding the imminent ban, saying only that it had taken “proactive measures” to ensure its devices remain available.

Ars Technica believes that the company may simply have enough devices stockpiled in the US, allowing carriers and consumers continued access for the foreseeable future. The affected devices aren’t exactly cutting edge either, with the ban affecting the Atrix, Backflip, Bravo, Charm, Cliq, Cliq 2, Cliq XT, Defy, Devour, Droid 2, Droid 2 Global, Droid Pro, Droid X, Droid X2, Flipout, Flipside, Spice, and Xoom.

However, the ban does still apply to any future products that continue to infringe on Microsoft’s patent, with the company asserting that the infringement is present across other devices not named at the ITC proceedings as well. Motorola may have enough stock in the United States for any affected products, but the company had to pay 33 cents for every device it imported during the 60 day review period. Just like HTC, Motorola will find any newly imported products held at Customs until the matter has been resolved.

It’s not clear what will happen going forward either. Motorola has paid Microsoft for the ActiveSync patent in the past, between 2003 and 2007, then dropped the license for its more recent products. The company could renew its license, or simply apply a software update to the affected devices that will remove the infringing feature. HTC faced a similar situation in a legal battle with Apple, with the HTC One X and EVO 4G LTE prevented from importation for a short time. The company then issued a software update to Android that removed the offending patent, allowing both handsets through Customs.


Motorola Android device import ban takes effect today is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple denied emergency HTC handset ban

It wasn’t that long ago that Apple scored an injunction against the HTC One X and the EVO 4G LTE in the United States. The handsets were eventually let into the country once HTC proved the phones were no longer infringing Apple’s patent. Cupertino cried foul, saying that HTC continued to infringe the menu related patent on 29 devices. The company called on the ITC to issue an emergency ban, a request which has now been denied.

Apple suggested last month that HTC misled customs officials over the software on phones to get past the ban, although the ITC doesn’t share the same thoughts: “The commission finds that Apple has not demonstrated the propriety of temporary emergency action here. The commission will not direct Customs to detail 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.”

It was previously reported that the version of Android HTC has included on phones such as the One X and EVO 4G LTE have been modified to remove the infringing patent. The international version of the One X shows the context menu that appears when a user long taps an item, whereas the American version removes this and places the relevant options in Android’s Settings area. As a result, the custom ban was lifted on the handsets and began shipping to retail stores.

[via Bloomberg]


Apple denied emergency HTC handset ban is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple Fails to Ban HTC Imports [Htc]

Back in May, Apple managed to hold up the import of HTC handsets on the grounds that they infringed a number of patents. The ban didn’t last for long—and now the ITC is flatly refusing to listen to Apple’s whining. More »

ITC denies Apple’s request for emergency ban against HTC products

ITC denies Apple's request for emergency ban against HTC

Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple’s request for an emergency ban against the alleged infringing products. The news follows Apple’s request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, “Apple has not demonstrated the propriety of temporary emergency action,” and went on to state, “the commission 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.” Just yesterday, the ITC began an investigation to determine whether HTC’s products continue to violate a patent held by Apple, which would be a violation of December’s exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.

ITC denies Apple’s request for emergency ban against HTC products originally appeared on Engadget on Mon, 02 Jul 2012 22:28:00 EDT. Please see our terms for use of feeds.

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Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban

Microsoft and Motorola

Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console’s US future was in doubt. The agency hasn’t necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola’s case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won’t come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola’s favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won’t face any real risk of a ban in 2012, at a minimum. If the new decision doesn’t clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit’s trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We’ve rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there’s a distinct chance of that flip happening here — especially as the ITC is using Apple’s successful dismissal of an S3 Graphics victory as the judge’s new template.

Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban originally appeared on Engadget on Sat, 30 Jun 2012 17:51:00 EDT. Please see our terms for use of feeds.

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