HTC News Update: HTC Face Injunction
HTC News Update: HTC face injunction as Nokia try to prevent import and sale of the HTC One, a rival smartphone, following a successful patent challenge.
As well as having launched a successful patent challenge Nokia are also looking for compensation in a case that surrounds an invention that was first filed in 1998. The invention was a type of modulator equipment that is used by phones to transmit their data.
However, HTC said that they had been disappointed by the decision and that they would be launching an appeal. HTC that is a Taiwanese company said that they had purchased the chips that form the focus of the disputed technology from Qualcomm and added that Nokia had previously signed an agreement in the USA. HTC highlighted that the agreement Nokia had signed in the US said that it would not to sue the American chipmaker over the matter.
The Asian technology giant went on to say that it had not needed a separate licence under US Federal law because a law that applied to this situation known as the ‘exhaustion doctrine’ stated that the owner of a patent’s rights were exhausted as soon as a protected item was sold. Put another way it means that the patent owner could not sue a party that went on to resell the item.
HTC News Update
However, a High Court judge noted that the US deal did not override all of the rights derived by Nokia from having registered its patent in Europe and added that if the licensee has no right to sell in the UK then the purchaser who has bought from the licensee could hardly be in a better position. This was the third court in a year to find that HTC had infringed on Nokia patents. There is no doubt that the area of patents is a very complicated one and there can be as many disputes as there are patents in existence.
Patents are a very important way for an inventor or a company to protect the intellectual property of their invention but as technology becomes ever more complicated the laws that protect inventors through patents also become more complicated and more difficult to defend and to understand for all those involved. This will no doubt be a long running and more complicated situation for both the companies concerned. It will be interesting to see what the outcome of this legal wrangle will be.
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