Nokia patent suit against HTC in Germany is tossed by the judge

Judge Dr. Matthias Zigann, sitting in  the 7th Civil Chamber of the Munich I Regional Court, has dismissed a Nokia patent infringement suit against HTC. Nokia was claiming that HTC had infringed on EP0804046, which is a European patent covering "method and apparatus for updating the software of a mobile terminal using the air interface". In plain English, the patent covered a method that allowed a phone receiving an update to accept a call.

The judge took the action on Thursday morning, noting in open court that "HTC's devices don't meet the claim limitations of a 'first memory' and a 'second memory', rejecting Nokia's proposed claim construction that would have had scope for different areas of the same memory, organized by software means, to constitute different 'memories' within the meaning of the patent."

Nokia has already won an injunction against the HTC One and HTC One mini in the U.K., but HTC was granted a stay on both devices so it can appeal the decision. In that case, Nokia accused HTC of using a component that used a part controlled by a Nokia patent. Last month, Nokia won an injunction against all of HTC's Android models in the country. The patent in that case allows for the transfer of resource information (like a URL) between phones connected by Bluetooth or NFC. And just days before that decision, which was also handed down by Judge Dr. Matthias Zigann presiding over a different court, Nokia won another patent infringement suit against HTC in Germany. This case involved a patent for technology that helps PCs decide which driver to use when hooked up to a smartphone using the USB port.

Nokia has responded to today's decision with a statement that you can find below.


source: FOSSPatents