Saturday, January 4, 2014

Nokia ban on sales of HTC smartphones in Germany - Golem.de

HTC smartphones could soon disappear from the German market. A corresponding sales ban has obtained in court against HTC Nokia. HTC to violate a Nokia patent. This patent could also apply to other smartphones.

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The Finnish company Nokia has won a patent law proceedings before the Munich District Court against the Taiwanese smartphone maker. The judge Matthias Zigann have considered it proven that HTC smartphones without the permission of the European patent to use the number EP1148681, which is owned by Nokia, says the process observer Florian Mueller. The patent describes the transfer of data between two devices via Bluetooth or NFC to transfer about URLs between two devices.


calling is probably

HTC may file an appeal against the decision, and this is expected to continue to do so. However, this will only bring something if HTC could convince the Court of Appeal quickly from the fact that an appeal has a chance of success, says Müller. Otherwise, Nokia may seek a sales ban on all available on the German market HTC smartphones. Nokia would ensure a security of 400 million euros deposit.

This security payment in the event of any award of damages by HTC against Nokia. For HTC would be entitled to damages if a higher court decides otherwise and come to the conclusion that the HTC smartphones do not violate the Nokia patents.

If HTC does not go to appeal, the manufacturer is likely to sell its smartphones again only if they violate no longer against the Nokia patent. Whether it is technically possible to allow data transfer via Bluetooth or NFC, without doing this is not clear.

Müller says it is not for the Nokia patent to a standard relevant patent, it must not therefore be licensed on FRAND terms.

Other manufacturers would probably also affected

If it is not readily technically possible to perform the data transfer via Bluetooth or NFC, without violating the Nokia’s Patent, Nokia could also sue other smartphone manufacturers. For the basic procedure is offered by many other smart phones on the market.

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