Apple has taken the International Trade Commission's month-old decision finding HTC's Android gismos infringe only one of the patents it asserted and letting it ship the products while it fixes the problem to the Court of Appeals for the Federal Circuit (CAFC).

The patent-watching Foss Patents blog says Apple quietly lodged the appeal on December 29.

The blog learned from an Apple filing with the United States District Court for the Northern District of Illinois in a case against Motorola Mobility that the ITC's administrative law judge had sided with Apple and found HTC guilty of infringing Apple's US 6,343,263 real-time API patent but that that decision had been overturned by the ITC's panel of six commissioners.

Apple's appellate brief isn't publicly available yet but the blog figures Apple's probably complaining about more than just the real-time API patent like maybe the extra time the ITC gave HTC to modify its offending products or its failure to halt sales of infringing products imported before the ban could take effect.

By the way, Apple claims that Android chief Andy Rubin actually started the Android framework when he was working at Apple inspired by Apple's work on the signal progressing widgetry memorialized in the ‘263 patent. He worked for the ‘263's inventors while they were inventing it.

See http://fosspatents.blogspot.com/2012/01/apple-appeals-itc-decision-on-complaint.html and http://fosspatents.blogspot.com/2011/09/apple-to-itc-andy-rubin-got-inspiration.html.