Tag Archives: ImportBan

Microsoft sues US Customs and Border Protection for not enforcing ITC exclusion order against Motorola

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Microsoft sues US Customs and Border Protection for not enforcing ITC exclusion order against Motorola

Thought the ITC battle between Microsoft and Motorola over Microsoft's email-based meeting patents was over? Think again. Despite winning an exclusion order (read: an import ban) on all MMI handsets infringing its patent, Microsoft has filed suit in the US District Court for the District of Columbia against US Customs and Border Protection (CBP), Customs Deputy Commissioner Thomas Winkowski, the Department of Homeland Security and Homeland Security Secretary Janet Napolitano for failing to enforce the order. The complaint alleges that the defendants failed to do their jobs and allowed infringing devices to continue to be imported based upon claims and arguments Moto successfully made to US Customs -- and Microsoft was neither privy to these discussions, nor given the opportunity to respond to Motorola's claims. Essentially, Microsoft argues that Customs and Border Protection has both shirked its duties and made rulings in direct conflict with the ITC's decision and order.

As such, Microsoft wants the court to rule that the CBP exceeded its legal authority, set aside the unlawful rulings set forth by CBP and compel it to enforce the ITC's exclusion order. In addition to the complaint, Microsoft also filed for a Preliminary Injunction asking that the original ITC import ban be enforced immediately. We've yet to hear how the government will respond to these allegations, but we'll keep you posted as things develop.

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Via: Bloomberg

Source: Complaint [PDF], Preliminary Injunction request [PDF]

Import ban on select Motorola Android products starts today

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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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Customs slowly letting HTC handsets into the US, can’t say which ones

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Customs slowly letting HTC handsets into the US, can't say which ones

Still waiting for your HTC handset to make its way through customs? Ratchet your hopes just a smidge higher, because the company says it's making progress. "Some models have gone through inspection and been released to our carriers customers," the firm stated in an investor statement today. HTC explained that each of the contested models needs to be reviewed by officials before release, and assures customers that it is working with customs to speed along the process. Which devices are making it through? "We don't have the status of each specific device at this time," HTC says, "We remain confident that this issue will be resolved soon." Sure, that's not much to go off of, but we'll take what we can get.

Continue reading Customs slowly letting HTC handsets into the US, can't say which ones

Customs slowly letting HTC handsets into the US, can't say which ones originally appeared on Engadget on Sun, 20 May 2012 16:20:00 EDT. Please see our terms for use of feeds.

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T-Mo delays HTC Amaze 4G online orders due to ‘unforeseen issue,’ has other recommendations

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T-Mo delays HTC Amaze 4G online orders due to 'unforeseen issue,' has other recommendations

Hot off the heels of the One X and EVO 4G LTE spending some prolonged time at customs, now another member of HTC's sensational family appears to be feeling the rigorous effects of the ITC. According to a recent email acquired by TmoNews, it looks as if the Magenta carrier is delaying shipments of the HTC Amaze 4G in the US, saying it's facing "an unforeseen issue with receiving the product from the manufacturer," and that it doesn't know when the handset will be up for grabs again. What's also interesting here, however, is T-Mobile going as far as recommending Sammy's Galaxy S Blaze 4G as a substitute -- which, let's face it, can't be good news for HTC. Here's to hoping this all gets sorted out relatively soon. In the meantime, you can check out the aforementioned email in its entirety at the source below.

T-Mo delays HTC Amaze 4G online orders due to 'unforeseen issue,' has other recommendations originally appeared on Engadget on Sat, 19 May 2012 08:47:00 EDT. Please see our terms for use of feeds.

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ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)

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At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement:

Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents.

-- David Howard, corporate vice president and deputy general counsel Microsoft

We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say.

Update: Motorola has issued an understandably somber statement on the ruling:

Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.

ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds) originally appeared on Engadget on Fri, 18 May 2012 17:21:00 EDT. Please see our terms for use of feeds.

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HTC One X and EVO 4G LTE delayed at customs due to ITC exclusion order

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HTC One X and EVO 4G LTE delayed at customs due to ITC exclusion order

We've just received a statement from HTC indicating that two of its flagship devices -- the One X for AT&T and the EVO 4G LTE for Sprint -- have been delayed at customs due to an ITC exclusion order that was handed down last December at Apple's behest. That order was set to go into effect on April 19th, and it looks like HTC's two new stateside superphones are the first to feel Apple's the government's wrath. Here's HTC's take on the matter:

The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval. The HTC One X and HTC EVO 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible.

We've reached out to HTC for clarification on the delay and to find out if this will affect the launch of the EVO 4G LTE, which is expected to hit the shelves this Friday, May 18th. Stay tuned for updates.

Update: While HTC doesn't have any additional information to share at this time, we've also contacted AT&T and Sprint for comment. Let's just hope that the issue can be resolved in a timely manner.

HTC One X and EVO 4G LTE delayed at customs due to ITC exclusion order originally appeared on Engadget on Tue, 15 May 2012 20:57:00 EDT. Please see our terms for use of feeds.

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