Nokia has won its fourth patent lawsuit against HTC in Germany. It looks the Taiwanese firm is facing headaches after headaches.
FOSS Patents reports, “Today the Mannheim Regional Court announced its ruling on a German Nokia lawsuit against HTC over EP1579613 on a “method and apparatus for enabling a mobile station to adapt its revision level based on network protocol revision level”. The court, which has adjudged more wireless patent infringement claims than any other forum in the world, found HTC to infringe this Nokia patent, held it liable for damages (the amount of which would have to be determined in a separate proceeding), and ordered an injunction (a remedy at law for patent infringement in Germany). The patents is somewhat standards-related (it plays a role in backward compatibility between new devices and networks running older technologies), but not standard-essential. HTC already has a license to Nokia’s standard-essential patents (SEPs), but still needs one to Nokia’s non-SEPs.
“This is the fourth German patent injunction Nokia has obtained against HTC to date (and various cases are still pending, particularly before the Dusseldorf Regional Court). Nokia previously won a different case in Mannheim (in March 2013) and two Munich cases (both in December 2013; 1, 2).”
Nokia said, “Nokia is pleased that the Regional Court in Mannheim, Germany has today ruled that HTC products infringe Nokia’s patent EP 1 579 613 B1, which enables modern mobile devices to work in older networks.
“This judgment enables Nokia to enforce an injunction against the import and sale of all infringing HTC products in Germany, as well as to obtain damages for past infringement. This is the fourth patent found infringed with injunction awarded in Germany.
“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 several Nokia patents in venues including the Regional Courts in Mannheim and Munich, Germany, the UK High Court, the Tokyo District Court in Japan and the US International Trade Commission.”
HTC told its shareholders, “HTC will continue with the invalidity action pending before the German Federal Patents Court and immediately appeal the decision. The functionality found to be infringed is redundant and no longer in use in Germany and we are investigating modifications for our handsets to remove this redundant technology. This ensures that there will be minimal disruption to our customers while we pursue an appeal.”
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