U.S. ITC Agrees to Investigate Apple in Patent Case

The U.S. International Trade Commissions said Tuesday that it will open an investigation of Apple based on an earlier complaint it received from handset maker HTC.

The investigation will cover "certain electronic devices with communication capabilities, components thereof, and related software. The products at issue in this investigation are computers, tablet computers, and smartphones," with Apple named as the respondent.

The ITC's investigation basically means that the agency has agreed to investigate claims brought against both companies by the other, and has not reached a decision on the merits of the case. The latest investigation dates to August 16, when HTC filed suit against Apple and asked the ITC to investigate.

The ITC, unlike the federal court system, has the authority to block or ban imports during an investigation, while courts can only ban products after the defendant is found guilty of infringement, which can take years. In its statement the ITC said it will set a target date for completing the investigation within 45 days.

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HTC's suit charged Apple with violating three of HTC's mobile patents, specifically a circuit and operating method for integrated interface of PDA and wireless communicating system; multipoint-to-point communication using orthogonal frequency division multiplexing; and method for orderwire modulation. It seeks to bar most Apple products from importation, including the the iPhone, iPad, its Macintosh computers, the Apple TV, and the iPod.

On August 9, however, the ITC began investigating Apple's own claim that HTC had infringed its own patents. That investigation refers to a complaint Apple filed with the ITC on July 8, 2011, in which it accused HTC of copying Apple's hardware and software. The ITC appeared to agree, saying HTC may have infringed on two Apple patents.

The patent war between Apple and HTC started in March 2010. At the time, Apple sued HTC for 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, Apple's chief executive, 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."

For more from Mark, follow him on Twitter @MarkHachman.