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.
"Nokia respectfully disagrees with the judgment of the Regional Court in Munich, Germany, which today ruled that HTC products do not infringe Nokia’s patent EP 0 804 046. Nokia is considering an appeal of this decision.
However, this does not change the fact that the same court found in December 2013 that two other Nokia patents were infringed by HTC products, enabling Nokia to enforce injunctions against the import and sale of all infringing HTC products in Germany, as well as to obtain damages for past infringement.
Nokia began its actions against HTC in 2012, with the aim of ending HTC's unauthorised use of Nokia's proprietary innovations and has asserted more than 50 patents against HTC. Since then, Nokia believes it has demonstrated beyond doubt the extent to which HTC has been free riding on Nokia technologies, with HTC found to infringe six Nokia patents in venues including the Regional Courts in Mannheim and Munich, Germany, the UK High Court and the US International Trade Commission. HTC's first New Year's resolution for 2014 should be to stop this free riding and compete fairly in the market."-Nokia