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

36. TMach unregistered

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.

37. gallitoking

Posts: 4721; Member since: May 17, 2011

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

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.

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.

32. Ashoaib

Posts: 3309; Member since: Nov 15, 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?

35. gallitoking

Posts: 4721; Member since: May 17, 2011

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

29. gallitoking

Posts: 4721; Member since: May 17, 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

27. reh1965

Posts: 19; Member since: Dec 06, 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

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.

31. hemedans

Posts: 763; Member since: Jun 01, 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

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.

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...

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.

7. dspkblympkbl

Posts: 52; 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?

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.

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 !

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$.

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.

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