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 According to a new report, HTC has withdrawn its appeal against an injunction that was granted to IPCom in Germany, which essentially banned the sales of HTC’s 3G devices.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Since HTC has withdrawn its appeal to the initial injunction, all of HTC’s 3G enabled devices may be banned from being sold in Germany.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 Now that HTC has withdrawn its appeal of the injunction, IPCom will have to file separate claims for the two additional patents which HTC will be able to appeal as well.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?