Mannheim Region Court, Germany, dismissed two Nokia patent lawsuits last week. The official numbers are EP0812120 and EP 1312974.
EP0812120 is a " "method for using services offered by a telecommunication network, a telecommunication system and a terminal for it" against HTC's distribution of the Google Play app and content store client app, which is a mandatory component of licensed Android devices (Google Play was formerly known as the "Android Market")"
This seems like a pretty subjective patent. The author of the article also admits that the ruling could have went either way. This particular patent was against Google and its Android platform. Had this passed, there could have been serious consequences for the German markets, especially considering how necessary Android market is to the mobile phone industry.
Nokia is not only suing HTC but also other technology companies such as ViewSonic over its Google Play patents. If the patents were enforced, then, without a license, customers would have to throw away their phones in order to see a new list of apps on the Google Play store.
EP1312974 is about an "electronic display device and lighting control method of same" against the light guide that enables the light sensors of certain HTC devices to measures the brightness of the environment (in turn enabling the devices to adjust the brightness of their screens accordingly).
This is an interest patent litigation that favored HTC. The light guide in HTC phones, particularly ones in the non-colored part of protective display windows did not meet the claim under the patent. The argument was that a hole is not a guide and that the hole does not change the angle in which ambient lights hit the sensor. This is one where the ultimate result is less subjective.
This is in the wake of three other Nokia patents that have been dismissed. Some of these claims fall into standard-essential patent (SEP) license agreements. I honestly don't have much understanding of these agreements. Maybe this is something we should cover in class. Much of the terminology as well in these posts are difficult to understand. I don't feel as if we have covered this terminology in class, or at the very least have a resource for understanding these legal terms.
SEP license agreements are when patent holders are obligated to license out their IP to other folks since the technology is considered to be integral to a certain standard, e.g. a patent on an irreplaceable aspect of Wi-Fi networks. I believe there are standard committees that determine whether a patent is crucial or not.
ReplyDeletePatent holders get a lot of money for SEPs because everyone needs to use their technology, but if they don't license them, they can be charged for patent misuse.
Hope that helps!
It seems to me that Nokia is desperate nowadays. I think that their only way of regaining their market share they saw in the Early 2000's is by suits. Good article, thanks for the share.
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