We reported last night that, due to an ITC order on an Apple patent infringement claim, at least some of HTC's One X and EVO 4G LTE smartphones had been halted at shipping ports by US Customs.

The implications of this for the EVO 4G LTE just got worse, as Sprint has been forced to concede that the planned May 18th launch will have to be delayed until the customs investigation is completed. Here's Sprint's full statement:

  • HTC EVO 4G LTE availability

The U.S. availability of the HTC EVO 4G LTE has been delayed.  HTC is working to resolve this issue and appreciates your patience as they work to get products into Sprint channels. We can’t provide specific timing for product availability at this time and we appreciate your patience as HTC works to get products on store shelves as soon as possible.

  • Pre-order status/availability

Delivery of products for pre-order are on hold and Sprint will provide a ship date as soon as possible. Sprint will maintain the promise for the preorder customers that they will be among the first to receive their HTC EVO 4G LTE units.

For those customers who pre-ordered the EVO 4G LTE, Sprint is allowing a no-penalty cancellation of any order. Here are the instructions:

If you would like to select an alternate product or cancel your backordered item, please call 866-789-8292 between 8:00 a.m. EST to 11:00 p.m. EST Monday to Friday or 9:00 a.m. EST to 9:00 p.m. EST on Saturdays and Sundays.Please note that cancellation requests may not always process successfully due to the speed of warehouse processing.If you cancelled your backordered item but still received a shipment, please refuse the shipment or call us to process a return within 14 days of receipt.

The length of the delay is entirely unknown. It could be days - it could be weeks. We do know that it's very unlikely HTC's One X and EVO 4G LTE violate Apple's patent claims, so the process of releasing those shipments should be relatively speedy (for US Customs). But when it comes to "expediting" anything, I think we can all agree that the federal government rarely finds it necessary to speak in terms of days.

Sprint Community Forums

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.

  • http://twitter.com/StrykerGT StrykerGT

    Please HTC fix the wi-fi and the multitask on this phone.

    • Robby Payne

      Please, StrykerGT, make contextually appropriate comments...

    • http://www.twitter.com/morenicano Devon Geathers


      • http://twitter.com/StrykerGT StrykerGT

        Devon the multitasking on the HTC One (or EVO) is broken. You can find more information about this problem here: http://forum.xda-developers.com/showthread.php?t=1646409

  • http://twitter.com/StrykerGT StrykerGT

    Please HTC fix the wi-fi and the multitask on this phone.

  • wtpauley

    If a store gets this before I get my pre-order I'm done with Sprint and HTC.

    • Dkb827

      how is this sprints fault? 

      • wtpauley

        Please read and comprehend words first before replying. It's not Sprints fault if I get my pre-order before stores do. It is their fault if they decide to sell the stock on hand after they have ALREADY TAKEN MY MONEY for the pre-order. ...And yes I do ultimately blame Apple for all of this.

        • Dkb827

          I did read and comprehend your words. You are acting like a little whinny bitch. 

          • wtpauley

            All I read is derp herpa derp derp derp "I have to comment on posts I dont like" like a bitch.

      • http://www.facebook.com/ndislyfe06 Bj Spencer

        It is sprints fault for advertising a release date for a phone they did not have in stock and taking our money in advance leaving us under the impression we would have them by this Friday.  It's HTC's fault for not getting the issue resolved between the December judgement and now. It's Apples fault for being scared that sales of a better phone would hurt their precious iPhone line.  And finally It's ultimately our fault for paying for something in advance with the promise of  "we will do our best to get it to you on or before the national release" Damn us and our instant gratification needs! 

    • http://www.facebook.com/profile.php?id=1172146955 Scott Hill

      Blame Apple, not Sprint or HTC.  If Apple wasn't such obnoxious patent trolls this wouldn't have been an issue.

  • http://twitter.com/spdivr1122 Stephen

    apple literally ruins everything 

    • http://www.facebook.com/imortalsyn Rob Gates

      yes apple did this cause they know their "precious" iphone is out dated and has been since android entered the scene. i can't stand apple anymore and their close minded approach to anything involving technology.

  • http://meatcastle.com/ Youre My Boy Bloo

    Look on the bright side, the longer it gets held up, the less time you will spend waiting for LTE to show up on your EVO 4G LTE.

    • http://twitter.com/StrykerGT StrykerGT

      And maybe by then HTC has fixed the broken Multitasking on the phone.

      • Simon Belmont

        It's not broken per se. It's just kicking stuff out of memory too aggressively causing things to refresh and not return to their previous state.

        HTC needs to adjust the minfree settings to be less aggressive. That is all.

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

          I call that broken.

  • ntx757

    Gnex it is then too many hangups and wariness for this phone. Was getting it now not worth the hassle.

  • Fifth313ment

    I disagree with those who say Sprint is not to blame. No
    offense but you don't put all your eggs in a basket hoping that your biggest
    release of the year "might" go down smoothly up until the last few minutes?
    NO ONE can tell me that Sprint just found out that their shipments were going
    to be stopped last night. Believe me they've know about it but they thought it
    would have been done and taken care of by now. Now that it's not they are
    blaming HTC!? They have been lying apparently for weeks now! Telling most customers
    that their phones have been in the warehouse for weeks and even up until last
    night everyone who preorders will get them on or before May 18th CSR
    BS. I can even name specific people who have tracking numbers from UPS with no
    shipments which just goes to how far these shenanigans got before the ITC
    screamed CHICKEN! Sprint was playing Russian Roulette with their biggest phone
    launch of the year and guess what, the gun SHOT!?


    I blame Sprint 100% and HTC 0% because Sprint dragged this
    along for weeks, probably months if you look at s4gru.com data on "Risk with Mitigation" on internal Sprint documents regarding the
    EVO 4G LTE! HTC is simply the phone creator/developer and has nothing to do
    with Sprint marketing, dates, etc. HTC sends the phones and Sprint sells them
    and if there was a ruling waiting to be served on HTC's new phones then Sprint
    should have been aware. But I mean waiting until the last day and then blaming
    HTC is a joke. Just Monday Sprint said they would be opening stores early for
    the launch, what a joke! And if they really thought they could pull this off in
    under a day then I think Sprint has a lot more to be worried over than just a
    phone launch date. Even if the EVO 4G LTE launch is their most important release
    of the year that could either save or bankrupt them!?


    And unless you've been following this
    situation online you would never know that you can count on not getting your
    phone for at least another week or later. No, Sprint has STILL NOT released any
    news, put out an official statement or email to their customers. My contract is
    up and I was already thinking about switching to Verizon but the new EVO and
    Unlimited Data were the only two things keeping me here. But it scares me to
    see Sprints' business sense and then sign up for two more years of service.
    Knowing Sprint in three months after they get the bulk of original EVO upgrades
    from two years ago signed to new contracts I could see them playing Russian Roulette
    again and doing away with unlimited data with some lame reason of no money or
    some other bullcrap. I can see into the future, lol. With Verizon you pay more
    but you get quadruple the speed, service and support. Plus the Motorola Razr
    Maxx has been calling my name for some time now, lol.

    5th :(

    • Shawn

      No offense but you clearly do not run a business or understand how one operates. Was there risk involved in setting a release date that close to the shipment arriving? YES, but every company does this. It is more cost effective than setting a mid June release date and building up a massive stock before releasing. Obviously Sprint had reason to believe the shipment would have arrived on time(with a risk it wouldn't) IF HTC said "hey 100% chance your Evo's are going to get stopped at customs" there is no way Sprint would have said ok lets set a launch date we have no chance at hitting. 

      And the phone creator who you give ZERO blame to AHAHAHAHA moron, are the ones in violation of the patent not SPRINT(So you can understand HTC 100% patent violator Sprint 0%) so it would be up to them to take the necessary steps legal or otherwise to make sure a product they promised by a certain date(which is what Sprint is basing their dates on) is actually delivered on time.

      It is funny you are mad at Sprint for saying they would have a phone to you that you pre ordered on good faith. When the exact same thing just happen to them HTC said we will have the phones to you by a certain date(probably a contract somewhere) and failed to meet that deadline but you blame Sprint. By that logic it is your fault Sprint didnt get the phone to you. 

      Sure, I agree Sprint at this point when the phones did not make it Sprint should have released an e mail to pre-order customers explaining what happened, and to let them know as soon as they know more they will let them know. Really though not as serious as  you make it sound to be but have fun at Verizon.

  • Cuvis the Conqueror

    Fucking Apple.

  • Smartinsen01

    Im not loving HTC right now... Thinking about switching to a galaxy nexus.

  • Simon Belmont

    I thought that HTC already fixed this infringement. It's related to pressing phone numbers and emails and having context menus pop-up to action on them.

    It would be pretty lame if Apple was doing this just to ruin the product launch. I hope that's not the case.

  • Michaelerick Son

    Just called Sprint to cancel my pre-order and was told that is not possible.  Then I called the number in this article and after being on hold for 15 minutes I was told the same thing.   The only way to "cancel" is to refuse shipment when it eventually is delivered and then wait weeks for a credit.

    • Michaelerick Com

      Update:   Sprint was able to cancel my order after all.   Just got a  call and an email from them confirming.   I might still buy the new EVO but I didn't want to wait indefinitely.   

  • Mail Joshua Stephens

    File a complaint with the BBB.

    I understand that this isn't Sprint's fault.  But my phone was broken and I need a new one as it is the communication method I rely on.  I could hold out until the new one was delivered Friday, but now I just want to go to a store and get another phone.  And I can't cancel my preorder.

  • lacey clapsadl

    i regretabely played with an i phone yesterday to prove that the actions in the patent have nothing to do with htc phone. when you click on a phone number with the iphone it pops up a window and says call or dismiss. with the htc evo 3d that i have it takes you right to the dial pad. so that tells me that apple is just being jealous dickheads trying to screw up the launch of these awesome phones. no matter what i will never buy an apple product in my life!!! i use pc and htc products all the way. take your ipads and ipods and iphones and shoove them up your fucking ass. learn to accept that ANDROID is on the top now and it will stay that way if you keep screwing with people. everyone i know that has an apple product say they hate it!!!

  • Lorend47

    This is total bullshit! My htc EVO 4g is broke & I'm not going to wait on these liars. I've Been with Sprint for 5 years but this it. Verizon here I come