Apple suffered a setback today in a similar case against HTC and Nokia, . The U.S. International Trade Commission recommended to an administrative law judge that Apple's request be denied to ban imports of HTC's Android phones. The judge's ruling is expected on Aug. 5.

Apple says HTC's Android phones, and some of Nokia's devices, infringe five of its patents, according to the Bloomberg story. "HTC is a smartphone innovator and pioneer in the smartphone sphere--they were there long before Apple," lawyer Robert Van Nest said. "The fundamental differences from the Apple patents represent choices made by HTC and Google."

HTC has made patent claims of its own against Apple. A different complaint by Apple against Nokia will be decided by late June. An attorney for the Finnish phonemaker says the patents in question are outdated and were "dredged up" by Apple after Ericsson and Nokia approached Apple for royalties.