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

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.


source: FOSSPatents via theunwired

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39 Comments

1. toiletcleaner

Posts: 224; Member since: Oct 10, 2012

And here we go again,

3. Finalflash

Posts: 4063; Member since: Jul 23, 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.

11. InspectorGadget80 unregistered

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

39. InspectorGadget80 unregistered

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

33. Ashoaib

Posts: 3271; Member since: Nov 15, 2013

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

34. Ashoaib

Posts: 3271; Member since: Nov 15, 2013

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

2. PapaSmurf

Posts: 10457; Member since: May 14, 2012

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

8. giani

Posts: 269; Member since: Nov 13, 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..

14. PapaSmurf

Posts: 10457; Member since: May 14, 2012

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

16. ihavenoname

Posts: 1693; Member since: Aug 18, 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.

19. PapaSmurf

Posts: 10457; Member since: May 14, 2012

This is MS speaking, not Nokia.

20. microsoftnokiawin

Posts: 1268; Member since: Mar 30, 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 !

26. giani

Posts: 269; Member since: Nov 13, 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.

4. ArtSim98

Posts: 3535; Member since: Dec 21, 2012

I feel bad for HTC :(

12. InspectorGadget80 unregistered

I feel sad for Nokia :(

13. ihavenoname

Posts: 1693; Member since: Aug 18, 2013

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

5. roozbeh101

Posts: 99; Member since: Mar 31, 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 !

6. Ant34

Posts: 193; Member since: Aug 10, 2013

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

9. maccess

Posts: 742; Member since: Jan 16, 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..

15. ihavenoname

Posts: 1693; Member since: Aug 18, 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).

24. Martin_Cooper

Posts: 1774; Member since: Jul 30, 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.

7. dspkblympkbl

Posts: 51; Member since: May 23, 2013

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

28. Sonny_09

Posts: 49; Member since: May 24, 2013

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

10. GeekMovement unregistered

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.

17. ihavenoname

Posts: 1693; Member since: Aug 18, 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.

18. GeekMovement unregistered

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.

21. Thehamster

Posts: 19; Member since: Dec 04, 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...

22. Antonyjoseph

Posts: 217; Member since: Apr 06, 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.

23. b1acktiger

Posts: 223; Member since: May 19, 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 ?

25. Jaeel

Posts: 27; Member since: Apr 18, 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.

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