Nokia patent suit against HTC in Germany is tossed by the judge

Nokia patent suit against HTC in Germany is tossed by the judge
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.

source: FOSSPatents



13. Augustine

Posts: 1043; Member since: Sep 28, 2013

This is a case of prior art that should have never been granted a patent. But the patent lawyers couldn't care less when filing the patent, as granting a patent means nothing until it's challenged in court, when the patent lawyers get involved again to think it over. The conflict of interest is patent, since the lawyers get paid twice, nay much more because the hours are many more in trial than when filing.

12. newbey123

Posts: 707; Member since: Mar 19, 2012

About time a judge with a brain. This was stupid to begin with and Nokia is just desperate because their phones are crap.

18. Sire3008

Posts: 87; Member since: Sep 26, 2013

Nokia phones are crap? Like seriously? Do you even live on earth? Don't get too emotional when OEMs fight... All are just as bad

19. Ashoaib

Posts: 3309; Member since: Nov 15, 2013

Come on man... nokia is really not that good, so newbey123's point is some how true

10. InspectorGadget80 unregistered

This judge has good sense.

2. UrbanPhantom

Posts: 949; Member since: Oct 30, 2012

HTC should stop pilfering intellectual property from other more progressive companies, and provide compensation to the original developers of the technology. They managed to dodge this particular bullet for now, but there are still other patent disputes pending, and Nokia is going to collect on at least one of them... Getting what is rightfully due is not being a patent troll: it's called ownership and rights management. The originators of the technology in question should receive adequate compensation for the costs of their R&D.

3. protozeloz

Posts: 5396; Member since: Sep 16, 2010

How's HTC ripping off Nokia's IP? Just because Nokia is trying to snag some money out of HTC doesn't mean HTC is stealing from them... And a progressive company? Nokia was sold for way less than Motorola was and Motorola was really bad :/ I don't see any progress in that

5. Edward_bly

Posts: 278; Member since: Dec 11, 2013

Well said!

9. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

he really cant explain it better than he did. Nokia has the patent, other companies pay license fees, and they do samsung etc do. HTC does not. This is not money snagging out of thin air. The concept is really not hard at all to understand.

15. Augustine

Posts: 1043; Member since: Sep 28, 2013

You're naive. A granted patent doesn't mean that the idea was prior art. This is decided in courts when a patent is challenged. IOW, a patent may be revoked by a judge if found to be common practice before it was filed. But the patent office does not really do a good job discerning this, only courts do a little better.

1. WHoyton1

Posts: 1635; Member since: Feb 21, 2013

Well done Germany don't let Nokia turn into the next patent troll! Long Live Technical progression!!

4. ihavenoname

Posts: 1693; Member since: Aug 18, 2013

Well done Germans! They don't like to continue this patent BS.

6. noler

Posts: 326; Member since: Aug 19, 2013

I prefer Nokia patent troll than HTC copy troll. HTCopypaste...

7. ihavenoname

Posts: 1693; Member since: Aug 18, 2013

Copy? How is HTC copying Nokia? This is patent violation, not copying.

8. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

because you are copying because you did not create the technology or htc would be able to have the patent. hence 'copy', i truly think you dont know what a patent is.

17. JC557

Posts: 1928; Member since: Dec 07, 2011

How so? STMicro was responsible for the mic, which by the way HTC did make phones with good mics prior, and it should've been STMicro on the hook. Desings should not even be mentioned here because they are dically different.

11. InspectorGadget80 unregistered

Why can't we have judges like this here in the u.s.?

14. Augustine

Posts: 1043; Member since: Sep 28, 2013

Because they are beholden to fat campaign contributions from corporations. In other countries this is called bribery, but in the US this is legal. That's how morals work in America: if an immoral act furthers someone's bottom line, it's legalized.

16. InspectorGadget80 unregistered

Yeah I know that's right. But still man wish we have one like him.

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