HTC not allowed to use patents it does not own, says ITC

The International Trade Commission has refused to let HTC use the patents it has on loan from Google in its current battle with Apple for patent infringement. Google loaned 5 patents to the Taiwanese manufacturer in September of last year with the specific purpose of fighting off Apple’s claims.

Apple argued that HTC lacked standing (the right to sue) and the Administrative Law Judge Thomas Pender concluded that they didn’t have all substantial rights in the relevant patents. This leaves only 3 of the 8 patents HTC were using in it’s counter ITC complaint against Apple.

HTC can appeal the decision, but it’s unlikely that they will. Another solution would be for Google to join the investigation as another complainant. This would escalate the on-going feud between the two giants even further, however.

What do you guys make of this? Can’t we all just get along?

Source: FOSS Patents Via: Arstechnica