On Tuesday of this
week, Nokia won a German patent injunction against HTC. According to FOSSPATENT’s
author, Florian Mueller, Mannhein local court found HTC had violated Nokia’s
power saving patent, which saves battery life when connected to a network.
Nokia could also enforce a sales ban by posting a $6.5 million bond and possess
the right to claim damages. At the same time, Nokia said it had asserted the power
saving patent against HTC in the UK and the U.S International Trade Commission,
with a hearing in the U.S to start in two months.
It seems like the competition
between Nokia and HTC escalates. Nokia has collected about 40 HTC’s patent
about mobile communication, and claimed that HTC violated Nokia’s intellectual
property rights. Earlier this month, the Court has dismissed Nokia’s claim to
HTC. Although it seems like Nokia has won this round, it is still hard to tell
how much this ruling can change Germany mobile market. Plus, it is still an argument
about whether this ruling is a major victory between Nokia and HTC. In HTC’s
statement, they claimed the ruling only affected three devices, Wildfire S,
Desire S and Rhyme, which were no longer put in the Germany market. HTC also
stressed that their Germany business would not be affected by the ruling. At
the same time, Nokia has hailed the victory, saying, “HTC must now respect our intellectual
property rights and use their own innovation competition.” Mueller believed HTC’s
statement was only partially right, and he claimed the infringement relating to
these devices is “classic”, but not only these three devices.
I’m not sure if
Nokia’s cheer is really about the “respect” they have about intellectual
property, or the benefit the intellectual property can bring. I remember
earlier this month Nokia filed brief to support Apple’s request to block sale
of Samsung products. The reason Nokia gave was that once the precedent had been
started, patent holders’ right to request to ban the sale of infringing products
would be weakened. Interestingly, Nokia and Apple had a patent dispute in 2011.
Nokia ended to pay royalties to Apple. It seems like there is no enemy forever.
The companies are willing to corporate in order to maximum the profit.
Nevertheless, I think Nokia is overacting on protecting their own patent as
Apple. I just feel like Nokia has put too much time concentrate on their patent
protection, but ignoring their innovation and advertisement. Comparing to Apple
and Samsung, when is your last time to hear any new and excited products from
Nokia? Several months ago, a year ago, or maybe longer. Honestly, I can’t remember
it myself. It’s true that Nokia holds a lot of good patents, but how long can
they live depend on their patent alone. According to the patent law, the patent
term is only 20 years from the filing date of the earliest U.S application to
which priority is claimed. How many of their patents will be expired in the
next few years? I do agree that they should learn from Apple, but not only the way
how Apple protect their intellectual properties, but also the way how they
invite new devices and advertise to attract costumers.
(Nokia posted this cartoon on Twitter, named "Guess who's who" on the day when Samsung released Galaxy S4)
Nokia, remember you
are a big company, but not the king of the market. Please don’t do this kindergarten
thing again.
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