A Samsung Galaxy Tab 10.1 (left) and Apple iPad 2 (right)
Apple has had one win and one setback this week in its patent battle against Android. The International Trade Commission denied Apple's attempt to obtain an emergency ban on the import of a number of HTC smartphones running Android, while a US District Court has upheld an injunction against the sale of Samsung's Galaxy Tab 10.1.
HTC's One X and EVO 4G LTE handsets were originally delayed from their May 18 launch date while US Customs officials examined the devices for compliance with a previous import ban—the result of an ITC complaint initiated by Apple. Apple later tried to obtain an ITC ban on 29 HTC smartphones—practically HTC's entire portfolio—but was denied this request on Tuesday, with the ITC arguing that Apple didn't do enough to prove the emergency nature of its request.
"The commission finds that Apple has not demonstrated the propriety of temporary emergency action here," wrote the ITC. "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."