Los Angeles – It was ruled a win for Finland’s Nokia and Taiwan’s HTC when the European Patent Office stated its judgment that the IPCom patent ’100A’ was “invalid in its current form.” However this ongoing battle of over five years likely won’t end here as IPCom has stated that it will challenge the ruling.
In 2007, IPCom purchased the mobile telephony patent portfolio of Bosch, which led to licensing agreements with multiple top phone makers. However, Nokia and HTC were not among that list due to the fact that a licensing agreement could not be reached. Therefore, IPCom claimed that Nokia and HTC products were infringing on patents owned by the company and decided to proceed accordingly. While IPCom attacked the two companies for patent and licensing infringement which includes infringement of the ’100A’ patent, Nokia has said that IPCom’s “licensing fee demands are excessive and unjustifiable.”
This five year battle has included mostly victories for IPCom. In 2009, IPCom challenged HTC for infringement and won in a German court. HTC appealed the ruling at first but then decided to put a halt to its pursuit of the appeal. Also, last week a German court ruled that Nokia had in fact committed infringement on IPCom’s intellectual property. Nokia is challenging the ruling.
During the court proceedings and investigation of this particular infringement, a decision was made that the ’100A’ patent was invalid. The patent relates to 3G users access of channels and the assignment in its networks.
Paul Melin, the Vice President of Intellectual Property at Nokia stated, “We are pleased that the European Patent Office has confirmed that this IPCom patent is invalid,” and added that IPCom “needs to recognize its position and end its unrealistic demands for what remains of this significantly diminished portfolio.” A representative from HTC stated, “This ruling undermines IPCom’s license infringement claim against us. We trust IPCom will now reconsider its opportunistic dispute with HTC and withdraw its legal action against us.”