HTC Android Phones Are Being Banned from the US Next Year

Whoa. Apple just won a big court victory against HTC that could force HTC to stop selling its Android phones in the United States. The United States International Trade Commission ruled that HTC was infringing on an Apple patent that effects HTC Android devices running Android 1.6 to 2.2.

The devices that may be banned from being sold in the US is basically a who's who list of Android phones: Droid Incredible, Evo 4G, T-Mobile G2, Nexus One and a bunch of older Android devices. The patent that the courts ruled HTC was infringing on (#5,946,647) is potentially a big one. According to Fortune, who took a deep look at the specific patent, it works like this:

When an iPhone receives a message that contains a phone number or an address — e-mail, Web or street — those bits of data are automatically highlighted, underlined and turned into clickable links.

Click on the phone number, and the iPhone asks if you want to dial it. Click on the Web address, and it opens in Safari. Click on the street address, and Maps will display it.

That's huge, not only because it's an important feature in smartphones but because it could mean Apple could go on to attack other Android phone makers because it's the OS that's infringing the patent, not the hardware. However, if HTC Android phones removed that feature (unlikely) or implement it in a different way (which we expect HTC to do), they could keep on selling. And that's pretty much what HTC expects to do, HTC, which has responded to this decision with rainbow colored unicorn tears, reached out to us with this statement:

This decision is a win for HTC and we are gratified that the commission affirmed the judge's determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. We are very pleased with the determination and we respect it. However, the ‘647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.

Yes, the patent in question is a fixable problem but I'd hardly categorize the court's decision as a win for HTC. If HTC doesn't fix this issue however, the ban on HTC Android phones in the US is set to take into effect on April 19, 2012. That's not winning.

There are still some real moves left for HTC to make to avoid the import ban (a Presidential veto is an option) but this is sure setting up for a major stateside war (thermonuclear, even) between Apple and Android phone makers much like with what's happening with Apple and Samsung Tablets in Europe and Australia. [USITC, Bloomberg, FOSS Patents, The Verge]