Nokia Corporation (ADR) (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) defeated HTC Corp (TPE:2498) in another patent war involving its technology that allows devices to share content through NFC or Bluetooth after a court in Germany ruled in its favor.

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Mr. Florian Mueller of Foss Patents reported that the judge, Dr. Matthias Zigann of the Munich 1 Regional Court, gave Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) an injunction against all the Android devices of HTC Corp (TPE:2498) that violated its patent EP 114868.  The Taiwanese smartphone manufacturer is expected to appeal the ruling.

Nokia does not hold any FRAND Licensing obligation

Mr. Meller explained that Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) does not hold any FRAND Licensing obligation to the patent in question, and it has the ability to implement the Germany-wide injunction on a provisional basis by posting a €400 million bond or providing a security of an equal amount. Nokia has the ability to recall all the infringing Android devices of HTC Corp (TPE:2498) from resellers and commercial users in Germany.

The decision of the German court is permanent. The Finnish smartphone manufacturer’s enforcement of the injunction is provisional until its Taiwanese rival has exhausted all appeals. Mr. Mueller opined that Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) has the capacity to execute a provisional enforcement of the injunction because it has enough cash to post a bond.

The bond is intended to provide security for HTC Corp (TPE:2498) to recover damages from any wrongful enforcement in case the appeals court overturn the injunction, and the financial situation of Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) worsen. However, the Taiwanese smartphone manufacturer needs to provide evidence to the court regarding any claims of damages.

Nokia to enforce a provisional injunction against HTC

Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) is expected enforce a provisional injunction against HTC Corp (TPE:2498) given its previous statements that it aims to end its rivals alleged and repeatedly proven infringement of its patent

Earlier this month, Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) won a different injunction against HTC Corp (TPE:2498), which was given by the 21st Civil Chamber in Germany. In March, the Finnish smartphone manufacturer also obtained an injunction against its Taiwanese rival from the Mannhein Regional Court, but the HTC resolved the issue by removing a particular power-saving feature and continued selling its devices in the country.