15
May
us_customs_and_border_protection

US Customs has halted at least some shipments of the HTC One X and EVO 4G LTE (presumably at the Port of Los Angeles), as a result of an earlier ITC order won by Apple over a patent lawsuit for "data tapping" (context-sensitive text-based actions) in the browser and messaging apps on some HTC phones.

These features, HTC contends, have been removed from the One X and EVO 4G LTE, and HTC is "confident" that it is in compliance with the ruling:

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.

The ITC order was broad, allowing US Customs to seize any HTC handset imported into the US on suspicion that it may violate Apple's asserted intellectual property rights. More likely than not, this is just some overly zealous US Customs big-wig showing his authoritay over those 'garsh dern foreign electronics stealing ideas from hard-working Americans. Seriously, they don't actually need a real reason to halt the shipments under the ITC's exclusion order, because it's that broad, and the actual decisions when and where to halt them happen completely behind closed doors, and are never made public. There is literally no oversight on this process, and that's scary enough.

TheVerge contacted a number of AT&T stores that were sold out of One X's, and AT&T's website shows it out of stock. Additionally, SG4RU earlier let out news that EVO 4G LTE pre-order shipments had been delayed.

Apple has to be reveling in this snafu, but it seems eminently likely that the delay here will be a short one. While HTC will almost certainly file for a stay of the ban at the Federal Circuit Court of Appeals, the customs investigation may end well-before such a stay is necessary. Let's hope the delay doesn't affect things too badly - Sprint has to be sweating bullets, and I doubt AT&T is very happy, either.

TheVerge

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • ZRsDad

    Apple is the source of all that is evil in this world.

    • http://twitter.com/mechapathy shawn brandel

      By the distributive property, Google's motto is then "Don't be Apple."

    • Kniven3

      Was ordering a MacBook air but after reading this story I ordered a Asus Zenbook.

    • http://profile.yahoo.com/424VTGKW3D2SXWCXF3RZ6ZI26Q Reality Check

      And MicroSoft :D

  • http://twitter.com/godfreap Aaron Godfrey

    Apple needs to STFU and die. Jesus, what is wrong with these jackasses?

  • http://twitter.com/mechapathy shawn brandel

    Google should patent shitting your pants, so every time Apple does it, they can't ban a phone.

    • John O’Connor

      turd-duckin'?

  • http://www.facebook.com/Shinakuma George Millhouse

    all this does is make people want these devices more. Apple is not making new friends here

    • Cyto1902

      Yes apple is digging their own graves. I never did like the iphone and now less than ever.

    • http://codytoombs.wordpress.com/ Cody Toombs

      I disagree.  Aside from the relatively small number of fanboys, educated buyers and their friends who would buy the phone regardless of the delay, the majority of people aren't going to actively wait for a phone to come in, they will simply write it off as bad luck and buy their 2nd choice.  The people who are willing to wait were going to buy no matter what and the ones who don't wait might buy iPhones, surely that's how Apple likes it.  No doubt, this is Apple's effort to take a pot shot at HTC's latest flagship.

      • fins71

        Yeah, I'm going to cancel my pre ordered evo with its 4.7" screen and go buy a toy sized iPhone instead. yeah right. Apple is dreaming if they think that's going to happen. If anything I would get the sgs3 instead if delayed that long. Whichever is available first, but I really want the evo mostly. I'm calling wireflys customer service at 9am to see what's up, so I'll edit this to report what they have to say about my pre order.

      • Idle Time

        lol.  is iPhone is only alternative to the HTC Evo/One?  Have you heard of Samsung et al.?

        • http://codytoombs.wordpress.com/ Cody Toombs

          Neither @Is11nN01Jf:disqus nor @fins71:disqus really seemed to grasp the main focus of my comment...I was trying to emphasize the bigger goal is about screwing with HTC's flagship release, not about scoring a few extra sales.  I also wasn't suggesting that every person who can't get this phone is going to go straight to an iPhone, only that there are people who might buy an iPhone.  Figure, out of 100 people that walked in and would have bought this phone, there's probably going to be 5 or 6 that will end up buying an iPhone instead...that's just being pragmatic.  Both of you guys picked the off-handed comment to get on about.

          It's worth pointing out, neither of you are the average buyer I was talking about...and I'm a bit disappointed you couldn't grasp that either.  I don't understand how so many people forget that we're the 5% (if even that much), while 95% of the customers in this country don't have brand (or even OS) loyalty, may not be able to wait (read: emergency situations), or just simply walk into a store and make their decision on the spot.

        • http://codytoombs.wordpress.com/ Cody Toombs

          Neither @Is11nN01Jf:disqus nor @fins71:disqus really seemed to grasp the main focus of my comment...I was trying to emphasize the bigger goal is about screwing with HTC's flagship release, not about scoring a few extra sales.  I also wasn't suggesting that every person who can't get this phone is going to go straight to an iPhone, only that there are people who might buy an iPhone.  Figure, out of 100 people that walked in and would have bought this phone, there's probably going to be 5 or 6 that will end up buying an iPhone instead...that's just being pragmatic.  Both of you guys picked the off-handed comment to get on about.

          It's worth pointing out, neither of you are the average buyer I was talking about...and I'm a bit disappointed you couldn't grasp that either.  I don't understand how so many people forget that we're the 5% (if even that much), while 95% of the customers in this country don't have brand (or even OS) loyalty, may not be able to wait (read: emergency situations), or just simply walk into a store and make their decision on the spot.

  • Ryan

    Apple is ducking garbage. I 'get'what they are trying to do. But duck them. I will never buy one of their products. I know about auto correct.. But whatever.

    • http://twitter.com/mechapathy shawn brandel

      Your autocorrect has just hatched a brilliant plan. Let's throw garbage at them!

    • Ruben

      I've had it with these motherducking snakes on this motherducking plane! I'm just ducking with you. :)

  • L boogie

    normally saying Apple is the bane of the mobile industry would be appropriate but this course of action would actually benefit Htc rather than hurt them so in a sense, thanks dwellers of the fanatic fruit empire. protecting intellectual property is one thing, a thermonuclear agenda while eliminating options is another.

  • Kc_exactly

    Hey moron. HTC is made in Taiwan. Not red China.

    • LAmDroid

      i think it's a jab at the ignorance of 'authoratay' over there, or at least sure hope it was so.

    • http://www.androidpolice.com/ Artem Russakovskii

      Who are you talking to?

      • Palmer Nyako

        can i be ceo of android police?
        or at least editorial head.

      • Stickupkid110

        Fuck you and fuck your website

        • Yassiedevil

          Mr Cook, is that you?

    • daengbo

      HTC is a Taiwanese (ROC) company, but the products are produced in mainland China (PRC), just the way the U.S. company Apple's products are made in the PRC.

      Posted from Taiwan

  • Kc_exactly

    Apple is made in red China though.

  • askher

    If I was HTC I would hire a couple of guys..... if you know what I mean

  • Juiceitup2009

    Does this mean Florida will be affected?

  • http://twitter.com/talhamid talha bin hamid

    It seems that the judges, courts and customs authorities of the world are being 'fed' by Apple. And they don't have to do much - they just send them iPhones and the idiots write down judgments and rulings as dictated by Siri. 

    • Ako

      Really lolllllls for that one

  • toshistation

    I really feel for those who pre-ordered or have their hearts set on an Evo LTE or One X.

    Maybe Samsung see what happened to HTC and finally get up the nerve to stop contracting with Apple for the iPhone/iPad processors. Then Apple's build quality will get shittier and shittier.

    Or maybe Samsung could just put a nasty bit of code into those procs to turn every iPhone into brick three days after activation. I would love that.

  • http://www.facebook.com/profile.php?id=698766516 TJ Hardin

    I fucking swear if i dont have my new HTC EVO 4G LTE in my hands on Friday when i go to get it, im flipping shit. And all of its going to be directed toward Apple.

    • Stickupkid110

      Duck the founder ofandroidpolice

      • Yassiedevil

        You sir are a ducking idiot!

    • http://www.facebook.com/anoldwoodenship Tom Karels

       Not gonna happen, just got off chat with Sprint. This has delayed all "channels". I store and web orders. No ETA either

  • Kniven3

    Apple= bagodicks

  • Mostro503

    android it is ,,,,,f@#$ the iphone 5 or whatever they gonna call it , i ll stick whit htc one X and SGS II , They the best ,,,, just waitin for SGS III to come out , fuck apple just in case i havent said it

  • http://twitter.com/SoWhy SoWhy

    HTC probably benefits from that little incident. Not only can they paint Apple as the bad guy, trying to stop their competition with shaky patent claims because their product can't compete, but the resulting shortage will also increase demand 

  • FirefighterMatt56

    Wow. I knew Apple was low about legal stuff but I didn't think they were that low. Now my pre-ordered LTE will most likely get delayed and I will hate Apple even more. (Goes to check Best Buy on status.)

  • Sixtwo1

    So instead of blaming the court for ruling in favor of Apple, you blame Apple itself. As if Apple stopped the shipments directly. Zealotry is always hilarious.

  • John O’Connor

    I'm confused here? You honestly don't see the correlation between Apple having injunctions issued worldwide against a bevy of manufacturers over the shape of a rectangle, unlocking a touch based screen, using image icons in a user interface or other such nonsense.  I will go out on a limb and say you are either being facetious or are a paid Crapple shill.

  • Abe Lincoln: woot master

    I have never bought any
    crApple and I never will.. Quoth the
    Lincoln, ‘Nevermore’

  • GazaIan

    Dear Apple; Bite yourselves.

  • http://www.facebook.com/brian.e.theoneandonly Brian Evenson

    Apple has done nothing to earn the respect of the tech community...and they certainly have done nothing to earn my respect. Their business is suppressing the competition not through sales/marketing and good business practices, but by legal means. Apple needs the law to come through for them because they can not beat the competition alone. The iPhone, while boasting solid, well-designed specs, is nothing special. There are several devices out there that wipe the floor with the iPhone, including (but not limited to) the Samsung Galaxy S II, the HTC One X, Motorola Droid RAZR, and the Nokia Lumia 900...and all of them are competitive with price as well, with most of them going for cheaper than the iPhone.

    Apple is not making friends with these patent lawsuits. Yes, I understand they are looking out for their innovations (well, the ones they legitimately came up with), but when their only weapon is lawsuits, that proves their products alone are not enough to battle the competition. HTC, Motorola, Samsung...they don't need lawyers to fight their battles for them they way Apple does. And for that, they've earned more respect from myself and the tech community.

  • Fifth313ment

    New info and we should all be getting the phones soon!

    http://insidesprintnow.wordpress.com/2012/05/20/htc-evo-4g-lte-cleared-by-customs/

    http://taipeitimes.com/News/biz/archives/2012/05/21/2003533313

    "It would appear that customs has cleared the HTC EVO 4G LTE. According to the TaiPei Times:

    In a twist to the US’ import ban on various HTC Corp (宏達電)
    smartphones, the company yesterday said some of its products blocked by
    US customs because of patent-infringement concerns had been allowed to
    enter the US market after passing the customs’ review.

    I have not seen anything internally yet as far as shipping dates, but
    I would expect to have that info either later tonight or super early in
    the morning. I do know there were several plans drafted based on when
    they would be cleared, so I’ll get that info and match it up and see
    where we’re at. Hang tight, it’s going to be a fast paced next 24 hours!
    :) And who knew customs worked on the weekend for commercial stuff!

    Thanks to about 200 people that sent me this article! I was out at
    brunch and having drinks with some friends on a lazy day, and had no
    expectations of anything breaking today :) At least now I’ve got some
    snooping to do."

    It’s about time as to this day I have not received one word of info
    from Sprint themselves! I was told when I ordered I would receive my
    phone on or before May 18th and I have received no phone calls, emails
    or text messages about any delay. Sprint really blew this ordeal. I’m
    happy that there will finally be movement on my phone as they have had
    my money for almost two weeks now!

    Enjoy,

    5th :)

  • Roger Sellers

    Speaking of delays...
    Does anyone know if there are ANY quad cores being delivered to US carriers this year?

  • the 0ne

    These cowards at homeland security are tapping the phones dumb imbecils

  • the 0ne

    That new world order is in effect you a.p. retarted dumbasses...we the people make the government...it is our right to overthrow it when it doesnt fit our needs...we have the power..."the government is for the people, by the people". theyre ours. If They are not fullfilling our needs, we give them the boot in their cornhole's and bring in something better for us. Have you forgotten your rights?