Last year, HTC obtained eight patents from Google and used them in its legal fight with Apple. Now, an ITC judge has thrown out five of the patents saying that "HTC failed to acquire all substantial rights in the relevant patents," says a report by FOSS Patents.

Administrative Law Judge Thomas Pender made the decision last Friday and it was made public on Monday. HTC can appeal the decision, but it likely won't win an appeal unless Google joins as an additional complainant. It's a setback for HTC in its legal battle with Apple and an embarrassment to Google, which transferred the patents not only late in the game, but improperly as well.