(Update) HTC answers to claimed infringements on IPCom´s patents

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As you might heard in the last few days, IPCom, a German patent troll, wants HTC to stop their smartphones. The new discussion has burned up on HTC´s cancellation of their objection at a German court.

HTC says the violated patent was used on only one phone, which is not sold anymore. IPCom says, that all of HTC´s smartphones are violating their patent.

In the meantime, IPCom is suing German wholesalers/retailers to stop selling HTC smartphones.

Here is the response from HTC to those facts:

HTC has been informed on Tuesday (6.12.2011) that IPCom has written to German wholesalers and retailers and asked to discontinue the sale of 3G mobile phones from HTC. HTC is once again seeking to rectify the situation:

  • The letter to dealers in Germany suggests that many HTC mobile phones violate the so-called patent # 100a . The fact is that HTC has withdrawn the appeal in patent # 100 last week.  Patent # 100a is a modified form of the patent # 100; IPCom has no evidence that HTC has violated patent # 100a , there exists no injunction, as far as HTC knows, IPCom has launched no new case against HTC for the breach of this patent.
  • The patent # 100a is currently treated in appeal proceedings at the European Patent Office, and there are clear indications that it will be cancelled in the hearing on 24 April 2012.
  • We pick out our position once again that the original injunction in the case relates patent # 100 on a single, out-dated mobile phone, which is no longer sold in Germany. HTC’s position is supported by previous judgments of the appellate court of Karlsruhe in another case against IPCom. We are providing an alternative implementation of the standard in use, which is not the interpretation of the # 100 by the Mannheim regional court or an any interpretation of the patent # 100a injured.

HTC respects the intellectual property rights of third parties and has entered numerous license agreements with owners of essential patents. It is very regrettable that IPCom has demonstrated his willingness to go too far, including the contacting of our customers to make demands, which we consider to be disproportionate and unjustified. We will continue to defend our business interests and the interests of our customers and partners in the strongest terms.

Until now it is not clear how this will have an impact on HTC´s Christmas sales numbers. But small dealers could consider to not sell the devices from HTC until the situation is clarified.

Update 1:

HTC is still fighting the patent troll IPCOM. Now a German court issued an injunction against IPCOM. Here is the statement from HTC:

The regional court of Düsseldorf today issued an interim measure, which prohibits the German patent holders IPCom to send misleading warnings to distributor of HTC cell phones. HTC repeated its position that the allegations in the mass-sent warnings write are without any foundation. At the same time, HTC will not hesitate take legal action to protect the interests of its clients.

This for sure will help HTC  for the moment. Hopefully this conflict will be ironed out in near future.

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