According to International Trade Commission attorneys, the administrative law judge should come down in favor of HTC and Nokia in the smartphone makers' patent dispute with Apple, according to Bloomberg. But that doesn't mean the decision has already been made. The ITC attorneys represent the public in the case, and their recommendations are just that-recommendations.
Apple is asking the commission to ban imports of certain HTC and Nokia devices that allegedly infringe patents Apple says are essential to the "seamless integration of hardware and software" in the iPhone. Apple attorney Greg Arovas told the judge that "what's under the hood" makes the company's products successful. HTC argued that the patents at issue represent a minor distinction, at best, from what HTC had been doing long before Apple moved into the smartphone arena.
Nokia's attorney argued that the one patent being asserted against his client addresses technology not even used in the iPhone. "Advances in technology have made this patent moot," Pat Flinn said. He also noted that Apple didn't even begin to assert patent claims against its competitors in the smartphone arena until the competitors alleged the iPhone uses their technology.
The administrative law judge is expected to make his decision in August. The full commission will then review that decision and then decided whether to adopt the recommended order.