Apple is counting on the popularity of its devices and political pressure to thwart efforts by Google’s Motorola Mobility to block imports of the iPhone and iPad, two of the best-selling electronic devices in the U.S.
The U.S. International Trade Commission in Washington is scheduled to announce today whether iPhones and other Apple devices infringe Motorola Mobility patents and, if so, whether it will stop them from being imported into the U.S. from Asia.
As part of its review, the ITC is weighing whether to limit use of import bans in disputes over patents that relate to industrywide standards. Some members of Congress, the U.S. Federal Trade Commission and companies including Intel Corp. have urged such a step.
“I do not think, in the current legal and political climate, that there is any possibility that the iPhone will be excluded from importation,” said Rodney Sweetland, a patent lawyer with Duane Morris in Washington who specializes in ITC cases.
Motorola Mobility says Apple products infringe four patents, two of which relate to industry standards for 3G wireless and Wi-Fi technologies, and that Apple has rebuffed offers to license the standard-essential patents. The other two patents aren’t standard-essential, nor are the seven patents that are the subject of a new complaint Motorola Mobility filed Aug. 17.
Apple denies infringing the patents and contends they’re invalid. Even if the commission finds a patent violation, Apple says in filings that its devices shouldn’t be stopped at the U.S. border.