Nokia’s lawsuit against HTC in Germany tossed out by judge
Nokia had filed a lawsuit against HTC, claiming its Android smartphones, including the HTC One, infringed on its “EP0804046,” which is a “method and apparatus for updating the software of a mobile terminal using the air interface.” Fortunately for the Taiwanese firm, 7th Civil Chamber of the Munich I Regional Court Judge Dr. Matthias Zigann tossed out the lawsuit.
According to FOSS Patents, “The court concluded, as Judge Dr. Zigann explained in open court today, that HTC’s devices don’t meet the claim limitations of a “first memory” and a “second memory”, rejecting Nokia’s proposed claim construction that would have had scope for different areas of the same memory, organized by software means, to constitute different “memories” within the meaning of the patent.”
Nokia was obviously disappointed by the ruling. In a statement, the Finnish phone maker said, “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.”
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