HTC One mini blocked in the UK
A judge has ordered smartphone maker HTC to stop selling its One mini product in the UK from December 6.
Mr Justice Arnold said last month that various HTC products infringed a Nokia-owned patent covering telecommunications.
He has now ordered HTC to shelve its One mini device, but allowed it to continue selling the HTC One pending the outcome of a possible appeal against his order. If an appeal fails, the injunction will apply to both products. HTC has until 16.00 on December 4 to appeal.
Nokia’s patent – “Modulator structure for a transmitter and a mobile station” – is not limited to mobile phone networks but is particularly relevant to them. It covers three mobile network standards: GSM, PCN and PCS.
In a 189-paragraph ruling on October 30, Arnold found the patent novel and non-obvious, and infringed by HTC products. Nokia later moved for an injunction.
On December 3, following further hearings in the case, Arnold explained Nokia’s position on him staying an injunction.
“Nokia contends that, if the injunction is stayed but the appeal is dismissed, it will suffer damage which will be impossible to accurately quantify. As is common ground, the pre-Christmas period is an important period for smartphone vendors. Both parties are anxious to take maximum advantage of it. If the injunction is stayed, it will not be possible to determine what share Nokia has lost as a result.”
Arnold also discussed the potential harm caused to HTC if an injunction were issued but overturned on appeal. HTC’s evidence focused on the potential harm arising from not being able to sell the HTC One and One mini products in that period.
“HTC has adduced very little evidence that it will suffer irreparable damage,” Arnold said.
But he took note of HTC’s view that an immediate injunction on the One would be “catastrophic” for its UK business, because the product is the flagship model.
“I am bound to say that I am somewhat sceptical about this evidence given that HTC will shortly be launching its new flagship phone, which cannot be assumed to infringe,” he continued.
“Nevertheless, I accept that there is a period between now and February or March 2014 when HTC is vulnerable. Furthermore, I accept that the damage which HTC will suffer if prevented from selling the One during this period will be both considerable and very difficult to quantify,” he said.
The potential damage to the One mini, however, would not be as serious, he said.
“In this case, the potential harm is more evenly weighted, but importantly the phone was launched much more recently and HTC designed and launched it at a time when HTC knew it was facing a claim for infringement of the patent and apparently without making any contingency plans.”
A Nokia spokesman said the company was pleased with the decision. HTC did not respond to a request for comment.
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