Nokia wins patent battle against HTC in UK court

HTC has until Friday to appeal a UK court decision for Nokia that could stop it selling its flagship HTC One smartphone in the UK

The latest patent war in the mobile market has seen Nokia winning its case against HTC in the UK courts.

In a hearing at the High Court, Justice Arnold said a number of HTC’s handsets had infringed a European patent for modulator structure for a transmitter and mobile station – used for transmitting data – which could lead to a sales ban in the UK.

The Taiwanese manufacturer has a chance to appeal the decision but the deadline is 4pm Friday 6 December 2013. It has claimed throughout the case that the patent in question revolves around chips that both of the companies use from Qualcomm.

HTC said other rivals used the same technology, including Apple, Google and BlackBerry.

Nokia is not just seeking a ban on HTC handsets – including its flagship HTC One smartphone – but also financial compensation for each of the handsets sold.

In a statement from Nokia given to the Foss Patents blog, the company said: “Nokia is pleased that the UK High Court has imposed an injunction on certain HTC products found in October to infringe a Nokia patent. 

"Pending the appeal, HTC has undertaken not to ship any more of the infringing products into the UK, except the HTC One, which it may continue to sell until the conclusion of any appeal.

“If HTC does not succeed on appeal, the injunction will take effect on all infringing products. Nokia is also claiming financial compensation for the infringement of this patent."

A statement from HTC said: “HTC is pleased by the decision of the High Court of England and Wales to stay an injunction against certain chipsets, including those in our flagship HTC One, pending the outcome of our appeal against the validity and infringement of Nokia's EP 0 998 024  patent.  Whilst the Court also granted an injunction that affects other third party chipsets, we have filed urgent application to appeal. 

“In the meantime, we are working with our chip suppliers to explore alternative solutions . As always, HTC's primary focus is on supporting our customers and ensuring minimal disruption to them and our business. Rest assured that our award winning HTC One handset will be available as usual.”

The two firms are fighting out the case beyond the UK, with ongoing cases in the US, Japan, Germany, Italy and the Netherlands.

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