Nokia Patent Infringement Lawsuit Against HTC Tossed Out In Germany


The Nokia vs. HTC patent troll wars are running at a fevered pitch. In earlier news, HTC had received a severe blow when Nokia had won an injunction on a USB related patent in Germany – which could potentially see all HTC Android devices banned in the country. Nokia has been taking HTC to court over various patent infringement lawsuits all across the globe.

In the latest information received by FossPatents, HTC has received reprieve from the 7th Civil Chamber of the Munich I Regional Court, where Judge Dr. Matthias Zigann has dismissed a patent infringement lawsuit (Nokia vs. HTC). In the lawsuit Nokia had claimed that HTC had infringed upon Nokia's patent identified by the nomenclature EP0804046 which deals with a "method and apparatus for updating the software of a mobile terminal using the air interface". The patent does not relate to all OTA updates, but specifically addresses a methodology of enabling mobile phone users to accept calls while simultaneously downloading a software update over the air.


The court had concluded that HTCs devices did not meet the requirement of a "first memory" and a "second memory" for enabling simultaneous OTA updates and incoming phone calls. As a result the court dismissed the suit. However there is not much cause for celebration in the HTC camp.

Since Nokia is selling its mobile devices unit to Microsoft, ensuring their patent portfolio remains intact is their most important task. Nokia can turn a decent profit on the basis of royalty it receives from its patent portfolio. As a result, we see these troll wars heating up, in which though HTC has successfully scored some big wins, Nokia has also received major wins – including an injunction in the UK and three separate wins in Germany itself.



Nokia has been pursuing a vendetta against HTC and has pulled the Taiwanese manufacturer across the globe in various patent infringement lawsuits, a process which started in April last year. Patent troll wars have turned out to be a major factor affecting innovation, however there seems to be no respite from these litigations in the near future.

What's your take on these troll wars, let us know in the comments below.

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My involvement with Android - as a fan and user - started in 2009-10 when I had dual-booted Android 2.2 Froyo on my SE Xperia X1. I have been following the rapid (and much deserved) rise of Android since then and have been rooting and flashing every android phone I could get my hands on. A self-proclaimed tech expert, in my free time I catch up on my reading and play with my one-year-old daughter.

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