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Friday, January 10, 2014
German Court dismisses Nokia Lawsuit Against HTC

A German court earlier this week dismissed of a Nokia v. HTC patent infringement lawsuit over a "method and apparatus for updating the software of a mobile terminal using the air interface".

Judge Dr. Matthias Zigann, who presides over the 7th Civil Chamber of the Munich I Regional Court, concluded 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, patents expert Florian Mueller explained at the FOSS Patents blog.

Nokia started its patent enforcement against HTC in April 2012. Since then, the Finish company has scored multiple wins, three of them already in Germany. The company has also won an injunction in the UK and a preliminary Nokia win at the ITC is under review.

"Nokia respectfully disagrees with the judgment of the Regional Court in Munich, Germany," said Nokia. "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 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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