Nov 25 AT 7:40 PM Nick Gray 37 Comments

HTC handset ban in Germany imminent as HTC withdraws IPCom patent injunction appeal


German residents planning on getting an HTC phone within the next few months are advised to buy the device as soon as possible.  According to a new report, HTC has withdrawn its appeal against an injunction that was granted to IPCom in Germany, which essentially banned the sales of HTC’s 3G devices.  HTC appealed the injunction in 2009 and has been allowed to sell its 3G enabled Android and Windows Phone powered devices until an official court hearing that was scheduled to begin next Monday.

Since HTC has withdrawn its appeal to the initial injunction, all of HTC’s 3G enabled devices may be banned from being sold in Germany.  According to Foss Patents, HTC’s move is a big gamble. The initial patent which IPCom used to block the sales of HTC phones back in 2009 was proven to be invalid by the German Federal Patents Court, but IPCom was allowed to bundle in a few extra patents in their case against HTC. Now that HTC has withdrawn its appeal of the injunction, IPCom will have to file separate claims for the two additional patents which HTC will be able to appeal as well.

HTC is hoping that the ruling by German Federal Patents Court to nullify the original 3G patent held by IPCom is enough to lift the injunction against its 3G devices in Germany, but it could take as long as two years before a final ruling is upheld in that case.

If all this sounds a bit confusing, that’s because it is. I’d suggest you read the detailed summary of this whole case over at Foss Patents to get a much better look into the patents in question and how HTC is hoping that will all play in its favor.

Is it just me, or are all these patent cases simply getting out of hand?

Via: Engadget

Source: Foss Patents

Nick is a tech enthusiast who has a soft spot for HTC and its devices. Nick joined the Android and Me family in the summer of 2010.

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  • fabien

    looks like germany has an even worse patent system than the US

    • rice rapist

      htcrap is shit anyways, i hate asians with a passion. recently i sat next to a very smelly asian, i wanted to leave the frickin plane but i couldnt . ugly asians i hope they all die

      • Iamsocool

        Then you better stop using phones from asia countries. HTC is from Taiwan, Samsung is from Korea, Sony Erission is from Japan. Looks like you can either use iPhone or Motorola. But wait, they are all made in China, so you better find yourself a Nokia that is made in Finland.

        • http://None Javier Bastardo

          iPhones are manufactured by Foxconn, a Taiwan company.

          • flx563

            Taiwan…they are Chinese too. Not recognized by most other countries, but are a de-facto independent state.

            Apart from that, Foxconn’s factories are located in mainland China.

        • crush41

          Nokia has a factory in Vietnam…


            Well let’s just accept that fact that the phones we are loving today mostly came from foreign country. What matters is that it runs Android. :D

      • JTJ

        @rice rapist. NEXT time – just open the door and jump.

    • iucidium

      Atm Germany are probably praying for a payout. They need the cash…

      • Nick Gray

        If anything HTC will have to license the 3G patent from IPCom. Germany will probably not get any of that money.

      • owain

        Why would Germany need a payout? One of the most stable economies in the world.

  • Dre

    Ridiculous, this kind of stuff one hurts consumers. Gotta love stupid legal systems

  • kazahani

    Bottom line: End users are being hurt yet again by ridiculous patent disputes.

  • charliethesuperturtle

    Screw you apple!!!!!!!!!

    • Legend

      pro tip: read more than just the title next time :)

      • kazahani

        I agree, although I applaud the sentiment.

      • charliethesuperturtle

        Sorry, but I just wanted to say it.

  • droidsam

    I hate patent trolls. Companies who simply own patents and don’t actually produce any products with them should have all their patents revoked. It’s no longer about protecting an invention or new idea. It’s about sucking the life out of an industry with a bunch of lawyers so that 10 people can own nice houses and swin in a pool of cash.

    • counsel

      Actually, anyone can use the patent… you see, the Creator of the item patented WANTS people to license the tech… or, are you saying if you invented something that you have to manufacture a product to get patent protection??

  • Deborah

    I think is is great, because legit patents must be protected.

    • kazahani

      You should probably hire a lawyer then, since it looks like you have the patent on assholes.

  • Thiago

    Florian Mueller from Foss is a Microsoft Shill. He’s getting paid by MS. He hasn’t mentioned anything about Barnes and Noble dropping the nuke on Microsoft with their BS trolling. Groklaw is much more accurate and less biased.

    • iucidium

      Paving the way for Nokia to rule Germany…
      energy companies will be pleased how many times they will need charging.

  • kc

    I think HTC, like all those banned or about to be banned, should just leave Germany. With Eurozone in deep shit, it’ll be suicidal to stay in Germany, and let them have access to good quality products. In return, we will support all those banned from Germany, and boycott German products.

  • Nathan

    Wow, this is dum, I don’t know how you can violate a 3g patent, sometime I wish pull can just get along is that to much to ask?

  • masterpfa

    This ongoing Patent war is far beyond a joke now, especially as the patent ruling are different in each company. Are Apple really that scared of the competition?

    I know it is not only Apple playing this game but at the end of the day the people that suffer are us the consumers

    • iucidium

      please read the article.

  • MarkT

    Patent wars out of hand? Definitely. When companies exist for the sole reason of making money from Patents, often bought from bankrupt companies or strapped for cash inventors something is wrong.

    IPCom is a known NPE (Non Practising Entity) meaning it makes nothing, has no manufacturing capacity and does not intent to ever use its own patents in technology. It exists solely to stifle technology companies and is doing so on its home turf in Germany.

  • aaron g

    Can anyone tell me why only htc is being sued if this patent is essential for all 3G communications? Shouldnt IPCom be focused on samsung, lg, nokia, and se as well?

  • KatSelezneva

    I don’t like all these patent battles because they hinder the market and hurt the user’s interests. Instead of trying to beat their rivals, companies should better develop new technologies and offer something new. Clash of the Titans: Samsung vs. Apple

  • Toonshorty

    Didn’t Samsung try to sue Apple with a 3G patent and got a good bollocking for it. Why should this be any different?

    The patent system is already bad enough with corporations abusing it, patent trolls just make it even worse.

    Can’t believe the governments of the world can still be completely oblivious about this issue. I doubt they are, they probably know damn well the problems this causes the market but why should they care, especially in America. The don’t want to see real companies thrive, they want their home-grown baby Apple to succeed. Besides, they make a killing off patents and lawsuits anyway.

    Capitalism is really starting to show it’s weaknesses.

  • YMS123

    Patent Nazis….

  • bd1212

    And I thought the US’s patent system was the worst…

  • blaseb

    Oh man!

  • phaet2112

    Germany can be rigid about enforcement- as per previous years where they raided electronic shows to force infringing companies to vacate their booths.

  • Todd Thedell

    Not great…