Nokia patent suit against HTC is dismissed by German court

Nokia patent suit against HTC is dismissed by German court

Summary: Nokia alleged that HTC devices violated a patent that covered over-the-air updates.

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TOPICS: Mobility, HTC, Nokia, Patents, EU
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HTC scored a much-needed win in its ongoing patent wrangle with Nokia yesterday.

A regional court in Germany dismissed the Nokia suit which claimed HTC was infringing on one of its patents. The patent in question relates to technologies that allow users to receive calls while downloading over-the-air updates.

In a somewhat snarky statement, Nokia said that "HTC's first New Year's resolution for 2014 should be to stop this free riding and compete fairly in the market." The company is considering appealing the verdict, according to patents expert Florian Mueller at FOSS Patents.

The dismissal comes just weeks after the same court ruled that some HTC devices infringed on a Nokia patent covering data transfers through NFC and Bluetooth (HTC said it will appeal the decision). And earlier in December, the court ruled in Nokia's favour and granted an injunction against HTC for the violation of a patent covering device configuration over USB.

These patent suits are part of a concerted worldwide effort by Nokia to establish ownership rights of key technologies that the company believes are being infringed on by its rival HTC, as well as by BlackBerry and ViewSonic.

In the US in September, an International Trade Commission ruling found that HTC had infringed on two Nokia patents covering the transmission of radio signals. And in the UK last month, a court ordered an injunction on HTC's One Mini, after Nokia claimed that the devices infringed on a patent on a "modulator structure for a transmitter and a mobile station". (The ban was overturned on appeal.)

Topics: Mobility, HTC, Nokia, Patents, EU

Michael Filtz

About Michael Filtz

From the day he brought home a modem and dialed in to a local BBS in 1991, Michael has been obsessed with technology and how it enables collaboration. He has a master's degree in journalism from UC Berkeley, and has worked in and around the technology start-up scenes in San Francisco and Berlin.

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8 comments
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  • What on Earth???

    Can you please tell me who *on Earth* told you that Florian Mueller was a "patents expert"?! As far as I am aware, he has no legal expertise at all - he just owns a blog. And he likes broadcasting his views across the Internet. And is on record as being hired by Oracle - although presumably not for legal purposes because Oracle has more than enough money to hire *real* lawyers... assuming that it was legal expertise that Oracle were really after... (and not just a guy with a blog)...
    Zogg
    • He's been involved with software patents for quite some time

      so he's probably been involved working one on one with many a legal expert on software patents, so I imagine he has a wealth of knowledge to draw from, and if he lacks some knowledge, he knows who to ask.
      William.Farrel
      • I don't care how long he's had his blog.

        Either Florian Mueller has qualifications in patent law, or he doesn't.

        And since you say:
        "so he's probably been..., so I imagine he has ..."

        it sounds like you cannot demonstrate Mr Mueller's "expertise" either.
        Zogg
        • I can't demonstrate anyone's expertise if I haven't met them face to face

          I can't say anyone involved with patents (or other things) are experts unless I've met them, hence why I use that wording I do.

          So I can give Florian Mueller the benefit of doubt as one thing is certain, that he has far more experience in patents then I, or many others, do as he's worked with those that have that expertise.
          William.Farrel
          • Don't be absurd

            You don't need to meet someone "face to face" to demonstrate expertise! Providing evidence of any formal qualifications in patent law would be a start! Do you know if he even attended Law School? (And how would a "face to face" encounter help anyway?)

            "he has far more experience in patents then I, or many others, do as he's worked with those that have that expertise."

            Sarcasm: Do you think he's absorbed their expertise through some kind of osmosis, then?

            Raymond Burr played Perry Mason on TV for years. By your argument, surely he must also have acquired some legal "expertise", no?
            Zogg
    • He knows about the matter

      Since he was "hired" by some companies, he became biased - always take his words with a grain of salt.
      HTC is in trouble, Nokia trying to "finish" HTC is a bad strategy for fighting android, as the biggest competition in android camp is intern, I believe that less competitors will eventually make the platform even stronger.
      AleMartin
  • MS' attack dog?

    I still have the sneaking suspicion that Elop was an MS-puppet all along.
    John L. Ries
  • Nokia patent holdings

    have nothing to do with Microsoft. Nokia sold its mobile division to Microsoft, along with the rights to use its patent portfolio for 5 years (ISTR). Nokia the company (as opposed to the mobile phone brand) is still an independent company who now have to generate a large proportion of their income via patents - they still have the navigation and telecommunications divisions.
    wright_is