As expected and reported by us earlier, Nokia has finally won injunction against HTC today in Germany. The reason behind this is a Nokia patent to which HTC couldn’t deny infringement. Read more from our earlier article below,
Based on what Judge Dr. Holger Kircher of the Mannheim Regional Court indicated at a trial today, Nokia appears quite likely to win a German patent injunction against HTC on March 19 over EP0673175 on “reduction of power consumption in a mobile station”. Rather than face exclusion from the largest market in Europe, HTC could enter into a settlement agreement and agree to pay royalties to Nokia, which may very well happen between now and the scheduled Mannheim ruling, or shortly thereafter.
Now, today the Judge Dr. Holger Kircher has informed that Jury has found HTC to infringe the above mentioned patent on “reduction of power consumption in a mobile station”.
Judge Dr. Holger Kircher of the Mannheim Regional Court announced that the panel of judges over which he is presiding found HTC to infringe EP0673175 on “reduction of power consumption in a mobile station”. At the February 5 trial counsel for HTC was unable to deny infringement of this patent by HTC devices incorporating Qualcomm baseband chips.
It also seems that this injunction is a permanent (not preliminary) one. It can be enforced preliminarily (i.e., while it is being appealed) if Nokia posts a bond or makes a deposit of 5 million euros ($6.5 million) per patent claim and per defendant (Nokia was suing not only HTC’s Taiwan-based parent company but also one or two European subsidiaries). In addition to a sales ban Nokia also won a recall of infringing devices from retail and a declaration that it is entitled to damages (the amount of which would have to be determined in a subsequent litigation). With a view to damages, HTC must make disclosures to Nokia regarding any infringing activities.
Nokia is also asserting this patent against HTC in the US (where it is seeking an import ban from the ITC as well as additional remedies, particularly damages, in federal court) and the UK as well.