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HTC's Android devices face ban in Germany after Nokia wins another injunction in court

Posted: , by Alan F.

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HTC's Android devices face ban in Germany after Nokia wins another injunction in court
HTC has been trying to put out some legal fires lately. But just when they think that they have one fire under control, another pops up. In the U.K., HTC has received a stay of injunction preventing Nokia from enforcing a sales ban it won in court against the HTC One mini. Actually, the Finnish based OEM won a sales ban against both the HTC One and the HTC One mini. The judge quickly stayed the ban against the HTC One so that HTC would not be handicapped by having its flagship model banned during the holiday season. 
 
Now, HTC has some new legal problems in Germany, where a judge has ruled that HTC infringed on a key USB patent owned by Nokia. As a result, the German court has issued an injunction against all of HTC's Android powered devices in the country. This could be a scare for all Android manufacturers although Google chose not to get involved in the case at this point.

HTC could devise a workaround for the patent, which helps PCs decide which driver to use when hooked up to a smartphone using the USB port. Obviously HTC would rather lose that feature over having all of its Android phones banned in Germany. There is another solution albeit not one that the Taiwan based manufacturer would find tasty. It could negotiate a license with Nokia. Eventually, other Android handset manufacturers will have to do the same or face the same consequences. As far as Windows Phone is concerned, the guys in Redmond have a license to use the patent based on terms of Microsoft's purchase of Nokia's Devices and Services business.

As for HTC's Android devices in Germany, Nokia can enforce the ruling on a provisional basis during the appeal process. But it would be required to post a 50 million EUR ($68 million USD) bond to cover potential sales lost by HTC during this period, just in case HTC wins at the appellate level. 

Things could get worse for HTC, believe it or not. Last week, the U.S. ITC announced that it would review a preliminary ruling that the company infringed on a pair of Nokia patents and this action could end up with a sales ban in the U.S. against HTC.

"Nokia is pleased that the Regional Court in Munich, Germany has today ruled that a number of HTC products infringe Nokia’s patent EP 1 246 071, which covers USB functionality in mobile phones.

Today's judgment is another significant milestone in our on-going dispute with HTC, enabling Nokia to enforce an injunction against the import and sale of all infringing HTC products in Germany, as well as to obtain damages for past infringement. This patent is also already in suit against HTC in the UK.

Nokia began its actions against HTC in 2012, with the aim of ending HTC’s unauthorised use of Nokia’s proprietary innovations and has asserted more than 50 patents against HTC in France, Germany, Italy, Japan, the Netherlands, UK and US. During 2013, HTC has been found to infringe Nokia patents in venues including the Regional Courts in Mannheim and Munich, Germany, the UK High Court and the US International Trade Commission."
-Nokia

source: FOSSPatents via theunwired

39 Comments
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posted on 21 Dec 2013, 16:34 1

1. toiletcleaner (Posts: 193; Member since: 10 Oct 2012)


And here we go again,

posted on 21 Dec 2013, 16:56 5

3. Finalflash (Posts: 1799; Member since: 23 Jul 2013)


I know, so fackin BS. These patent trolls only get a leg up on the weak small competitors. What better way to win than by competition in the courtroom, where they definitely can't compete.

posted on 21 Dec 2013, 20:29 2

11. InspectorGadget80 (Posts: 6561; Member since: 26 Mar 2011)


Didn't the U.K. jidge lifted the ban. Patent wars is getting out of hand.

posted on 22 Dec 2013, 21:20

39. InspectorGadget80 (Posts: 6561; Member since: 26 Mar 2011)


My fault on my misspelling. I have to turn off the auto correct spelling

posted on 22 Dec 2013, 12:53

33. Ashoaib (Posts: 2257; Member since: 15 Nov 2013)


Patent war seems like going to put an end to technological advancement

posted on 22 Dec 2013, 12:59

34. Ashoaib (Posts: 2257; Member since: 15 Nov 2013)


Nokia cant compete with any manufacturer so its good for them to keep money flowing atleast by playing dirty, by playing patent patent...

posted on 21 Dec 2013, 16:50 7

2. PapaSmurf (Posts: 8566; Member since: 14 May 2012)


Uh oh. This is devastating news in HTC's HQ.

posted on 21 Dec 2013, 18:27 4

8. giani (Posts: 269; Member since: 13 Nov 2012)


Don't be. As long as they make devices like the One they will be fine. This is an android patent infringement just like the one in uk was related to Qualcomm. Pretty sure they get compensation in any cases. With this one however it will be interesting because Google needs to start defending. And if I'm honest...I would rather be worried for Nokia...not only their phones are mehhh..With this behaviour they won't win any fans.. oh and let's be straight... Nokia has every right to defend their intellectual property.. but why go for the smallest...and weakest... Nokia is not Apple...they don't have enough fan base to deal with all the hate..

posted on 21 Dec 2013, 23:56

14. PapaSmurf (Posts: 8566; Member since: 14 May 2012)


It was HTC, not Android. You don't see Google being sued by Nokia.

posted on 22 Dec 2013, 00:11 4

16. ihavenoname (Posts: 1420; Member since: 18 Aug 2013)


Nokia is acting very childish. They do stuff like this, mock competition and (which is Very big no no) users that use competiting product. Nokia is now offically douche.

posted on 22 Dec 2013, 01:18

19. PapaSmurf (Posts: 8566; Member since: 14 May 2012)


This is MS speaking, not Nokia.

posted on 22 Dec 2013, 01:35 1

20. microsoftnokiawin (Posts: 968; Member since: 30 Mar 2012)


papaSmurf do you have anything to backup that claim and all htc has to do is hit up qualcomm and ask for something different powering their one's !

posted on 22 Dec 2013, 06:29 1

26. giani (Posts: 269; Member since: 13 Nov 2012)


And I quote:"This could be a scare for all Android manufacturers although Google chose not to get involved in the case at this point."

I know you are 12...but even you can understand that if it was a pure HTC infringement that phrase should not be in the article. Plus if you Google it a bit you will find that is
AN ANDROID INFRINGEMENT! HENCE MY FIRST REPLY and why I think Nokia is very LAME.

posted on 21 Dec 2013, 17:00 5

4. ArtSim98 (Posts: 2906; Member since: 21 Dec 2012)


I feel bad for HTC :(

posted on 21 Dec 2013, 20:29

12. InspectorGadget80 (Posts: 6561; Member since: 26 Mar 2011)


I feel sad for Nokia :(

posted on 21 Dec 2013, 23:45

13. ihavenoname (Posts: 1420; Member since: 18 Aug 2013)


I feel bad for both. Nokia wasn't like this before M$.

posted on 21 Dec 2013, 17:00

5. roozbeh101 (Posts: 47; Member since: 31 Mar 2012)


NOKIA tries to catch up with others! so as HTC ! like apple/samsung fight that made everybody focus on their flagships and products ! these two are trying to get customers extra attention !

posted on 21 Dec 2013, 17:48 15

6. Ant34 (Posts: 193; Member since: 10 Aug 2013)


I'm starting to dislike Nokia as mush as I dislike Apple.

posted on 21 Dec 2013, 18:43 5

9. maccess (Posts: 619; Member since: 16 Jan 2013)


same here.. even though i was a nokia user at symbian era from like 6600 to something like n95.. but then i lost my faith since they decided to go with wp and start acting like a douche on twitter..

posted on 22 Dec 2013, 00:01 3

15. ihavenoname (Posts: 1420; Member since: 18 Aug 2013)


I love Nokia, but I'm not sure how long anymore. They use Windows Phone, which for me is like good feature phone OS. They also do lots of BS commercials, and are really d-bags on Twitter. And now they are owned by company which makes average desktop OS, (even I use it, eventhough I hate M$ but it's basicly only choice besides Mac-only OS X) and basicly all the rest they do is worse than competition (well, Xbox music is ok).

posted on 22 Dec 2013, 05:03 2

24. Martin_Cooper (Posts: 457; Member since: 30 Jul 2013)


Yes because two large corporations suing each other is affecting your life so dramatically that you hate one of them. Grow up people. This was done for hundreds of years now. Its very simple. If you never stole anything or if you always payed for using other companies technologies then you dont have to be afraid of getting sued, Its simple as that. Oh and NOKIA being one of the first mobile phone companies with motorola they own s**t loads of patents that many times are used by others without paying them.

posted on 21 Dec 2013, 18:04

7. dspkblympkbl (Posts: 49; Member since: 23 May 2013)


If Nokia wants to make money they better sell some phones...apple's iPhone sells, learn that from them, Nokia.

posted on 22 Dec 2013, 06:50 1

28. Sonny_09 (Posts: 49; Member since: 24 May 2013)


And Apple doesn't sue for other's infringement of their own patents?

posted on 21 Dec 2013, 20:26 3

10. GeekMovement (Posts: 1505; Member since: 09 Sep 2011)


Man HTC was already in a tough position to begin with. If their next flagship doesn't sell as well as the HTC One, they're in trouble.

posted on 22 Dec 2013, 00:14 3

17. ihavenoname (Posts: 1420; Member since: 18 Aug 2013)


HTC is great company, they make (mostly) unique and well made, innovative phones. I think that they will be ok, but nothing is sure.

posted on 22 Dec 2013, 00:32 3

18. GeekMovement (Posts: 1505; Member since: 09 Sep 2011)


I agree, the designs of their phones are spectacular. The next HTC flagship is one I'm definitely excited and looking forward to this coming year.

posted on 22 Dec 2013, 01:36

21. Thehamster (Posts: 19; Member since: 04 Dec 2013)


Man I am torn. HTC and Nokia are my two favorite oems. It sucks when they behave this way, but it is understandable that they want to make money on their own patents...

posted on 22 Dec 2013, 02:15 1

22. Antonyjoseph (Posts: 214; Member since: 06 Apr 2013)


If HTC is copying technology without paying for it they deserve this. After all they are not operating in the Chinese market, where the concept of copyright infringements doesnt seem to exist.

posted on 22 Dec 2013, 03:35 1

23. b1acktiger (Posts: 207; Member since: 19 May 2012)


Didn't understood why Nokia is targeting HTC only, 1st in UK, the infringement was Qualcomm's chipset based, its not a secret that all the major OEM's use qualcomms chipset. And now in germany, its purely an infringement of Google's android software. But Nokia is targeting only HTC. Why's that ?

posted on 22 Dec 2013, 06:26

25. Jaeel (Posts: 27; Member since: 18 Apr 2013)


Dunno. Perhaps they see HTC as one more likely to pay up, since they really don't have time or money to spend in long legal battles.

posted on 22 Dec 2013, 12:02 1

31. hemedans (Posts: 163; Member since: 01 Jun 2013)


because other oem they licence nokia patent.

1. apple pay 11usd per iphone to nokia and one time payment on 600m usd

2. samsung recently renew licence to use nokia patent

3. blackberry pay 60m usd one time and unknown amount periodically to nokia.

4. microsoft licence nokia patent for 2b usd.

htc must licence nokia patents that is the only way they could survive. there are more than 30 cases htc lost to nokia about patent if nokia continue this campaign there will be no htc

posted on 22 Dec 2013, 06:36 1

27. reh1965 (Posts: 19; Member since: 06 Dec 2013)


It is concerning the HTC one and the One mini. Not the cmplete HTC portfolio. Pretty sure Nokia will target other OEMs soon as well. Sorry for HTC but this what happens with infringements. Get a license and it is solved

posted on 22 Dec 2013, 10:26

29. gallitoking (Posts: 4690; Member since: 17 May 2011)


is Not like HTC devices are in high demand... Good devices with poor battery life.. at least HTC can blame the ban in Germany their poor sales around the globe

posted on 22 Dec 2013, 11:52

30. papss (unregistered)


The way i see it is like this... if i own something and you use the exact method and make it to then i have the right to sue.. simple as that. Maybe in china its okay to do this since the culture is based around copying but everywhere else this should apply. Man up and build you own product in a way that no one else does. Lazy thinking on any OEM that wants to piggyback off REAL visionaries... funny how companys recieve hate over something they came up with and want to protect. If HTC would pay up like tbey should then this wouldnt happen.. this isnt to blame on M$ or Nokia.. stop being lemmings people.

posted on 22 Dec 2013, 12:51

32. Ashoaib (Posts: 2257; Member since: 15 Nov 2013)


What if there is no other way to manufacture same thing? if someone sue you for drinking bcoz he doest? will you have any other way?

posted on 22 Dec 2013, 14:39

35. gallitoking (Posts: 4690; Member since: 17 May 2011)


then you make a deal to use what the other person already patented...

posted on 22 Dec 2013, 14:47 1

36. TMach (Posts: 372; Member since: 29 Dec 2011)


Patent trolls are a waste of space! I hope some Nokia head honchos are reading this, as you are now on the list of companies I consider dead to me. It usually starts with one, like me but the revolution soon gathers momentum. Apple and now Nokia will never see a penny from me until they start to innovate rather than litigate....Good bye, troll patents.

posted on 22 Dec 2013, 15:58

37. gallitoking (Posts: 4690; Member since: 17 May 2011)


I assuming you dont own a laptop as MS is also a "patent troll" according to your 'standards'

posted on 22 Dec 2013, 16:04

38. papss (unregistered)


So you are saying Nokia doesn't innovate? I'm confused by that statement and couldn't be further from the truth.. Does innovation equal stealing tech from other companies and call it your own? Well hell HTC and SS must be the biggest innovators of all time with your thought process.

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