Last week we’ve learned that HTC might be facing a ban in Germany for its 3G devices; initially IPCom’s injunction claim against HTC was ruled in favor but the Taiwanese company has appealed (set for November 28) the decision which suspended its execution. HTC withdrew from the appeal.
While IPCom is still willing to settle, HTC said that the company found “the appeal had become redundant since the German Federal Patent Court had previously held the relevant claim of the patent to be invalid“.
However, HTC made an official statement to BGR stating the following: “There have been a lot of claims made by IPCom over the last few days and we want to set the record straight. While IPCom has continued to try to position recent events as a win for them, the events actually represent a setback for IPCom and their efforts to provide returns to their investors. They are currently leaning on a weak finding from 2009 for which HTC has a design around that does not fall within the claim of the patent as it was defined by the Mannheim Court. HTC remains convinced that this case will have NO material impact on our business.”
The Taiwanese phone-maker is pretty certain of its legal upper hand in this case but very much is at stake. According to Ipcom’s managing director, Bernhard Frohwitter, the matter is really up to the court and in case HTC ignores the ruling, fines of “up to EUR250,000 (around $333,000) per violation per phone” could be applied. If, on the other hand, HTC’s legal team is all over the situation, it could spare the company a lot of time, money and bad press. Fingers crossed those phones remain on the shelves.