No sales ban for the HTC One in the Netherlands

No sales ban for the HTC One in the Netherlands
In the aftermath of the Amsterdam district court's decision giving Nokia a preliminary injunction against the HTC One, the court has decided to hold HTC blameless and there will be no sales ban placed on the Taiwan manufacturer's new Android flagship model. What happened was that ST Microelectronics produced this dual-membrane microphone part with Nokia, using the Finnish based firm's design. While Nokia had an 12 month exclusive on the part, ST Microelectronics thought that the exclusivity period was for only 6 months, so it sold the part to HTC.

The court ruled that since there is no way that HTC could know what the contract between Nokia and ST Microelectronics stated, HTC was not at fault. Instead, Nokia will receive an extra 6 months of exclusivity and ST Microelectronics will be allowed to sell the part in question to only Nokia during that period of exclusivity. In addition ST Microelectronics will also have to face a 10 month ban during which the company will not be allowed to sell the part at all.

So the bottom line is that HTC won't have to replace the HTC One units already made. The only problem is that they will have to find a replacement source for the part in a hurry. HTC might end up paying more for the component from another vendor, which could eat into margins a bit. But considering what the worse case scenario could have been, things worked out okay for the Taiwan based company.

source: AllAboutPhones (translated) via AndroidCentral

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18 Comments

1. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Good news! Let the HTC succeed because it deserves every right to!

7. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

AND for those who haven't already snapped up a One, they might want to do so before the supply runs out. 'Cause after they are gone, they are gone. At least until a suitable replacement is found. I am thinking of getting an un-locked One, myself.

2. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

HTC one is really cool. I like their new UI. You guy should check it out.

3. Penny

Posts: 1869; Member since: Feb 04, 2011

I think that's a pretty fair decision. Tell HTC they have to go find another part (but no financial penalties because it wasn't their fault), give Nokia extended exclusivity, and prevent ST Microelectronics from selling the part altogether for a period to make sure they don't make the same mistake again. I'm guessing HTC will later seek some sort of monetary damages from ST Microelectronics as well.

4. MultiYouTroll

Posts: 29; Member since: Apr 19, 2013

I think they should let HTC pay Nokia a percentage of the sales of One with Nokia's tech..

11. MultiYouTroll

Posts: 29; Member since: Apr 19, 2013

Why do I get thumbs down for saying that is logically sound? HTC fanboys are as bad as any fanboys I guess

21. chocolaking

Posts: 495; Member since: May 22, 2012

It could a strategy plan fron Nokia that intentionally sells the mic chips to HTC, and once it hits the market. Nokia takes HTC with lawsuit. No one knows the detail behind.. But the court and the judege , what's revealed is what's been decided.

23. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

I think Nokia is smarter than that. They should know that they will only win on the lawsuit against ST Microelectronics and HTC will not be in trouble. The most Nokia can do is to prevent sale of One until after 12 month agreement is over and when HTC actually signs an agreement to use the patented product. If it's really a strategy plan, then it'll be use Nokia and HTC, no others will be involved. Regardless, I'm pretty glad that HTC ban is lifted, after all it's not their fault at all.

9. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

"While Nokia had an 12 month exclusive on the part, ST Microelectronics thought that the exclusivity period was for only 6 months, so it sold the part to HTC." I think that's a pretty lame excuse from ST Electronic's side. From a professional business point of view, these 'exclusive' periods should be taken into account seriously. This is something that needs no reminding, not to mention the damage that they're going to suffer.

5. hung2900

Posts: 966; Member since: Mar 02, 2012

The problem is, no more rich recording for One anymore. so just first batch having it, but One is still not available in many countries.

15. jsdechavez

Posts: 814; Member since: Jul 20, 2012

So for later batches of HTC One, expect the paltry 4MP (ultrapixel whatever) camera and no Nokia rich recording. And expect delays before that too. Well played Nokia.

12. rock_rock

Posts: 13; Member since: Apr 04, 2013

"HTC won't have to replace the HTC One units already made. The only problem is that they will have to find a replacement source for the part in a hurry."

13. willard12 unregistered

I guess Nokia chose not to release a statement today like they did yesterday.

14. cam-whore

Posts: 164; Member since: Feb 21, 2013

oh yes, it is surely banned in the netherlands, not just a sales ban but a shipment ban as well. I really don't know why PA is the only one trying to twist this story. Look at other sites as well, even use google with "htc one netherlands". Poor HTC as well as HTC owners, they will now need to find an alternative component for future HTC One microphone production, or else future HTC owners will get subpar quality. At least we can all now say that HTC is using quality components, since they are using Nokia's technology. But just to save HTC's own ass, why don't they just change their "HDR Microphone" and put a logo on their phones that say "comes original NOKIA HDR microphone".... :)

17. haseebzahid

Posts: 1853; Member since: Feb 22, 2012

somehow most guys know ST had it coming HTC wasnt to blame here

18. InspectorGadget80 unregistered

The hell with you nokia. Dont act like apple. And stop being M$ puppet. Everyone have the right sell their device

19. weinerslav

Posts: 126; Member since: Jul 31, 2012

Did you even tried to read something and understand whats going on?

20. boosook

Posts: 1442; Member since: Nov 19, 2012

Well, in this case, if they had this 12 months exclusivity, I think they're right... they designed their own microphone only to see the manufacturer selling it to a competitor...

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