If you’re HTC, you’ve got to be fuming right now, as two of your biggest selling phones of the year are sitting at the U.S. shipping docks awaiting a customs investigation. You see Apple holds a patent (#5,946,647) on hyperlinks and how they are used in the messaging and browser apps, the ITC found HTC guilty of violating that patent and they were to resolve it. Well, it looks like they didn’t, and now the devices have to undergo an investigation before they can be released.
Regarding the issue, an HTC rep had the following to say:
“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.”
HTC “believes” they are in compliance… sorry folks, you either ARE or you AREN’T, there is no maybe. If these devices were shipped while still violating the ITC’s orders, then yes, I agree they needed to be stopped. As much as I want to get an HTC EVO 4G LTE, rules are rules and laws are laws. Some of you may hate Apple for this, but honestly it’s not Apple’s fault. Apple claimed that their patent was being violated and HTC was found guilty and now they have to pay the price. I know some of you Android fans hate, nay, despise Apple and will see this as nothing more than Apple punishing HTC, but remember, HTC is the one who violated the patent. It’s simple, Apple invented something, they filed for an exclusive patent and after it was researched, were granted a patent. It’s not Apple’s fault that HTC violated it and then tried to ship devices into the U.S. while the issue still remained unresolved.
Either way, it’s obvious that the EVO will not be launching this Friday and like many of you, I’m frustrated, but not at Apple, I’m frustrated at HTC for not having this issue fixed well in advance of the device’s release. Until this mess is settled, we may be waiting a while for our EVO’s and even replenishments of the One X, let’s just hope it’s not that long.