HTC-EVO-4G-LTEThe HTC EVO 4G LTE for Sprint will be a no-show for its own launch tomorrow, according to both HTC and Sprint.

HTC’s newest smartphone, which we told you would launch on Friday, is instead being held up by the US Customs service… indefinitely. The agency is investigating whether the device potentially infringes on patents owned by Apple. The HTC’s One X for AT&T is also being held by Customs.

Sprint has released a statement about the hold up. They said “HTC is working to resolve this issue and appreciates your patience as they work to get products into Sprint channels. We can’t provide specific timing for product availability at this time and we appreciate your patience as HTC works to get products on store shelves as soon as possible.”

Sprint also said they were honoring cancellation requests from shoppers who have pre-ordered the smartphone. “While we’d rather you didn’t cancel your pre-order, there are instructions provided in the backorder email on how to do so. If you would like to select an alternate product or cancel your backordered item, please call 866-789-8292 between 8:00 a.m. EST to 11:00 p.m. EST Monday to Friday or 9:00 a.m. EST to 9:00 p.m. EST on Saturdays and Sunday,” said the company.

Best Buy also took pre-orders for the phone, and provided a $50 gift card as a pre-order bonus. No word yet on how they are handling the indefinite delay in the launch.

HTC lost a patent battle to Apple when the International Trade Commission ruled last year that they had violated Apple owned patents. The ruling prohibited the import of HTC phones using the technology in question.

HTC says they have worked around issue with its design and are in compliance with the ruling. Apparently they will have to prove that to Customs. The company says they “…are cooperating with the U.S. Customs to speed up the review process.”