After a long and drawn out battle between Nokia and HTC, a high court judge has finally ruled against the sale of the HTC One Mini in the UK. The same judge has refused to extend the ban to the current flagship, the HTC One, for now however.
Nokia sued HTC over a hardware patent for a “modular structure for a transmitter and a mobile station”, which HTC used without obtaining a licence from Nokia for.
The HTC One has not been banned immediately along with the HTC One mini, because, as HTC’s flagship model, HTC would lose too much money from the ban. The HTC One is the company’s biggest seller and so have a huge negative impact on business if it were to be pulled. The ban on the HTC One has therefore been delayed to give HTC time to appeal against an outright ban on the whole HTC One range. If HTC do not win their appeal all Ones will be banned and HTC will have to provide considerable financial compensation to Nokia.
HTC are appealing the ban on the grounds that the component in question is too small to justify an outright ban on the whole HTC One range.
But Nokia are arguing they have lost a significant number of sales of their Lumia phones since the One range was released, and are putting this down to the hardware component HTC ‘copied’ from them.
However HTC are arguing that they are not in competition with Nokia because they run the Android operating system, and Nokia use Windows Phone operating system.
Nokia has already forced HTC to change the microphone and the radio in its devices after infringing other patents.
Nokia sued Apple over the same patent in 2011, and the case concluded with Nokia granting Apple a licence to use the hardware.