I take it that Apple is skeptical of the outcome of that ongoing ITC investigation and, therefore, wants a second try with potentially stronger patents. In April, the ITC staff (the Office of Unfair Import Investigations, which participates in most ITC investigations as a third party) expressed its opinion that HTC did not infringe any valid Apple patents within the scope of that investigation. The target date for a final initial determination by the Administrative Law Judge (ALJ) hearing the case is August 5, 2011 (as I already wrote in February). The ALJ could still rule in Apple’s favor: the staff recommendation is, after all, just an opinion. However, a negative ITC staff recommendation does not bode well to say the least. I’m sure Apple will fight hard to make the original complaint succeed but doesn’t want to depend on the outcome of that case.
It’s getting hard to keep up with all of these complaints and lawsuits.