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Message: Re: Interesting turn of events - HTC

As explained, the patent holder can request an injunction based on evidence of alleged infringement that they alone produce to the court. Subsequent to this, the alleged infringer may appeal the injunction. This is all that has happened. The injunction has not been overturned, merely suspended.

The full article gives a more balanced perspective:


Following the previous patent infringement lawsuit against HTC Corporation and HTC Europe Co. Ltd, with reservations, HTC can continue to sell its affected UMTS smartphones (namely its Windows Mobile and Android smartpones) in Germany.
A German appellate court has suspended the initially obtained decision IP-Com was able to obtain two weeks ago. The court plans to continue to listen to the companies in four weeks. HTC said it was very pleased about the courts decision and further assumes that the patent in question was neither hurt nor ever was valid. IP-Com raised that HTC, with its UMTS mobile phones, has infringed patents.

The alleged infringing technology is present in the baseband chipset component supplied by HTC's chipset vendor and does not involve HTC technology or intellectual property. This court decision will not impact HTC's core competency or current HTC customers in Germany or devices already on sale in Germany. Nevertheless, HTC already said it's working with its chipset supplier to identify an alternative solution.

http://www.theunwired.net/?item=susp...


Please note the final sentence, that I have bolded. If there is no infringement, why seek an alternative solution?

Like the '336, it is still a wotk in progress and not the final outcome.




Be well

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