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Monday, September 10, 2012, 03:47 pm PT (06:47 pm ET)

Apple and HTC report no progress in settlement talks over ITC complaint

In a filing with the U.S. International Trade Commission, Apple and HTC confirm they have held two settlement meetings since Aug. 13 and while the talks have yet to yield a deal, the two parties plan continue discussions.

The "First Settlement Conference Joint Report," which was submitted on Friday and made available to the public on Monday, was filed in the ITC's enforcement proceeding regarding the agency's evaluation of whether certain HTC devices violate a "data detectors" patent, reports FOSS Patents. Apple successfully leveraged the IP to win an import ban against a number of the Taiwan-based company's Android-based products in December.

HTC


The report in full:
FIRST SETTLEMENT CONFERENCE JOINT REPORT

Pursuant to the Procedural Schedule in this Enforcement Proceeding (Order No. 122), Complainant Apple Inc. (“Apple”) and Respondents HTC Corporation and HTC America, Inc. (“HTC”) submit this First Settlement Conference Joint Report.

The private parties are involved in multiple litigations and have conducted settlement negotiations. The private parties have met to discuss potential resolution of the different litigations, including this Enforcement Proceeding, including during the week of August 13, 2012 and also more recently. Persons with the requisite settlement authority participated for each party. While the private parties did not reach a settlement, there is an understanding that the private parties will continue settlement discussions in the future. The private parties have made good-faith efforts to resolve this Enforcement Proceeding and will continue to do so.
While the report alludes to active settlement discussions, the chances of the two parties reaching an agreement is unlikely. HTC chairwoman Cher Wang said in late August, after the report's noted Aug. 13 meeting, that she had no intention of settling with Apple.

Apple and HTC are scheduled to meet again as part of court-moderated settlement talks on Sept. 19, which were originally slated for Aug. 28, in a suit being heard by the U.S. District Court for the Southern District of Delaware. The case is the result of a successful HTC bid to sever itself from the ongoing Motorola Mobility v. Apple suit taking place in Florida, and move venues to Delaware.