HTC sued by Nokia over remote activation of a device using SMS

HTC sued by Nokia over remote activation of a device using SMS
Just three days after Nokia won an injunction from HTC in the same courthouse (Germany's Mannheim Regional) over a power saving patent, the two were back at it again on Friday with Nokia accusing HTC of infringing on EP0879538. That is a patent for a "mobile terminal having network services activation through the use of point-to-point short message service" which covers the feature of sending messages from a particular network (such as a corporate network) to a wireless device which then activates or deactivates certain programs or features based on what the message instructs it to do. In other words, the patent allows someone to send a text message that tells the receiving device what features to activate and which ones to deactivate.

The court, which seemed to take a neutral stance at the beginning, was starting to see things Nokia's way. It all revolved around the definition of the word network. Some of Nokia's patents date back to the mid 1990's when the word network referred to a telecommunication network. HTC argues that the patents therefore do not cover today's modern network. The Mannheim court has agreed with HTC's interpretation in past cases, and was not willing to broaden the term network to include telecommunications and internet service. On the other hand, Nokia's patent doesn't say telecommunication's network, it just says network. HTC could say that this means the patent should be defined by what a network was at the time that the patent was issued. Nokia's attorney told the court that the patent covers the end user whose device is controlled by the SMS message and the network being used doesn't matter. A decision will be announced on May 17th, so circle that date in your calendar.

source: FOSSPatents

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27 Comments

1. MelvinPainter

Posts: 75; Member since: Apr 05, 2012

Our devices are limited by all the BS from companies suing each other.

2. shikroi

Posts: 187; Member since: Sep 24, 2012

Our devices are limited by companies that use patented technology without paying for it. This wouldn't have happened if htc were paying for the tech like everybody else in the first place. Besides the only thing that might come out of this is that HTC starts paying nokia for the tech. Its not like they are requesting a sales ban or removal of the tech from HTC's devices. So the end user is hardly affected in this scenario.

3. MartyK

Posts: 1043; Member since: Apr 11, 2012

I agree with you!!, F- a "FRAND Crap", I think Google should be allow to sue anyone who use their patents they brought from Motorola, PERIOD!! All these Leeches (companies)!!

9. Taters

Posts: 6474; Member since: Jan 28, 2013

The end user is affected greatly. If HTC has to pay Nokia some money for something, guess where HTC takes that money and legal fees from. Yup, you guessed it, the end user.

13. sprockkets

Posts: 1612; Member since: Jan 16, 2012

BS. This patent describes a phone getting a feature like call waiting, being activated upon receipt of an SMS. That's their "invention"? It's also describes how it works over the network. HTC probably just made their phone to work with this. This should be a FRAND patent. They'll ban a phone over that? Pure steaming BS nokia. http://worldwide.espacenet.com/publicationDetails/biblio?CC=EP&NR=0879538

25. tashreef

Posts: 476; Member since: Nov 24, 2012

this is a funny fact ..every one is suing each other except samsung!.... Why? Because they got nothing to sue with.... LOL

4. rusticguy

Posts: 2828; Member since: Aug 11, 2012

AVG Antivirus has same feature. So looks like everyone would be sued for it? Real crap.

24. microsoftnokiawin

Posts: 1268; Member since: Mar 30, 2012

maybe AVG pays nokia royalities so they won't have to be sued then

6. Timmehor

Posts: 599; Member since: Mar 09, 2013

Nokia own 16,000 + patents, many of which are some of the basic uses of a mobile phone. Nokia could bring down the whole mobile phone market to its knees if it wanted too, but they do rely on royalties from all of the companies.

7. rusticguy

Posts: 2828; Member since: Aug 11, 2012

1 billion/year (maybe more) from patent licensing i guess.

12. MartyK

Posts: 1043; Member since: Apr 11, 2012

They are not the only one who owns lotsa of lotsa of patents that belong to the cell world. Motorola has a lot if Google just hire 100 people to go thru all those patents..then you will see fire works... Motorola was the first company to produce a handheld mobile phone. On 3 April 1973 Martin Cooper, a Motorola engineer and executive, made the first mobile telephone call from handheld subscriber equipment in front of reporters, placing a call to Dr. Joel S. Engel of Bell Labs.[1][2] The prototype handheld phone used by Dr. Martin Cooper weighed 2.5 pounds and measured 9 inches long, 5 inches deep and 1.75 inches wide. The prototype offered a talk time of just 30 minutes and took 10 hours to re-charge.[3]

18. Timmehor

Posts: 599; Member since: Mar 09, 2013

I know, that was the only point of buying Motorola, because of those yummy patents, still haven't gotten them anywhere :/ Nokia have like 3 times more then Motorola

26. MartyK

Posts: 1043; Member since: Apr 11, 2012

The only reason is because these active/pay off judges refuse to allow Google to flex it's muscle; you see, when Google brought MMI, the anti capitalism governments inform them they can not use nuclear weapons on their competitors, this is why we are not witnessing those patents power. Tell them to take the handcuffs off Google...lol

15. MartyK

Posts: 1043; Member since: Apr 11, 2012

Nokia and the mobile world better recognized!.. Don't know why Google just won't hire people to just go thru those dam patents they have!..smh

10. InspectorGadget80 unregistered

HELL WITH U NOKIA/M$ and anyone who sues each other don't deserve anything that INCLUDES the one that started it ALL u know who I'm talking bout. this LAW SUIT PATENTS IS GETTING ridiculas and out of hand.

14. sprockkets

Posts: 1612; Member since: Jan 16, 2012

Phone arena, the source link links right back to you. Better fix it.

16. -box-

Posts: 3991; Member since: Jan 04, 2012

Ay least we can agree this is a legit patent rather than some BS generic shape (rectangle with rounded corners, for instance)

17. lovenyc8

Posts: 164; Member since: Mar 13, 2013

f**k nokia thats why there company is dying like blackberry keep suing and you and apple heading to hell and soon you both will be dead.

27. znellu

Posts: 82; Member since: Dec 05, 2012

Stop bashing companies regarding these patent issues. Companies don't make products for charity and rather they do it for business. Companies have the right to protect what they have invented and created. Hence they'll take legal actions against those who use their tech without their concern.

19. Andrewtst

Posts: 696; Member since: Jan 25, 2009

Once you cannot earn market share, sue! Those pattern nonsense shall stop ASAP!

28. jsdechavez

Posts: 799; Member since: Jul 20, 2012

Seems like it. Bring down the closest competition.

20. b1acktiger

Posts: 223; Member since: May 19, 2012

C'mon Nokia ! Dont be a evil like Apple. You guys were the best for a few years. Desperate that the competitors going forward ?

21. Timmehor

Posts: 599; Member since: Mar 09, 2013

Well the reason, is HTC have used a Nokia patent with out telling them. If ANYONE from ANY company does that, you will get sued. Companies aren't going to be like "Nah, its okay, secretly use our patents."

30. volcano

Posts: 348; Member since: Jan 25, 2013

or companies should learn to respect each other patents and pay for it like a professional companies

22. someones4

Posts: 627; Member since: Sep 16, 2012

Nokia aims to take Apple's place. It's kinda sad that they still do not have a relevant smartphone share. get out an android device and everyone will rush to defend nokia

23. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Sad....very sad.....I thought Nokia is a nice and kind manufacturer. Oh well... :(

29. jsdechavez

Posts: 799; Member since: Jul 20, 2012

About time Nokia flexes its muscles..

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