So far, 2014 has been going quite well for HTC. After posting profitable Q4 numbers a little over a week ago, HTC can now celebrate the fact that Judge Dr. Matthias Zigann from the 7th Civil Chamber of the Munich I Regional Court has dismissed Nokia’s patent suit against HTC.
Nokia’s EP0804046 patents details a ”method and apparatus for updating the software of a mobile terminal using the air interface” which allows a user to make phone calls while downloading a software update on their device. The court found that HTC’s devices do not infringe on the patent since HTC’s devices do not use a ”first memory” and a “second memory” outlined as limitations in the patent.
Nokia will most likely appeal the court’s ruling as it continues its legal battle against HTC. We’re hoping that Nokia and HTC can find a way to settle their patent infringement disputes out of court, but it’s always enjoyable to see HTC or any other Android OEM handed a victory by the legal system.
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