The International Trade Commission (ITC) has decided to review the final decision by one of its administrative judges that found HTC Android smartphones were in violation of two out of four Apple patents under review. If upheld, the decision would bar HTC from selling its Android smartphones in the United States.
In a notice posted to the ITC's website, the commission said it would be reviewing various facets and terms of the initial decision and how those technologies are implemented by both Apple and HTC.
Meanwhile, Apple has filed an argument with the commission, contending that if the ITC has decided to review the two patents that that were found to be infringed upon, it should review all four of the patents initially in question.
While HTC applauded the decision to review, the Taiwanese OEM said that any decision to ban the import of its Android phones to the United States would have a detrimental effect on the market here. The company claims in a separate filing with the ITC that its phones offer functionality for the hearing impaired and certain enhanced 911 features.
Apple in filings has maintained that HTC could make up any losses it might see on reduced Android sales in the United States by selling similar devices that run Microsoft's Windows Phone 7 operating system.
HTC could not be reached for comment today. Apple declined to comment on the case.
The ITC has set a deadline of Dec. 6 for a final decision.