A leading mobile phone company, Nokia, won Patent Cases in a trial verdict infringement done by the HTC Company over patent owned by Nokia's patents EP 1578613 B1 in Germany.

Patent infringement conducted by HTC is a patent about how a latest device can connect longer to the network. HTC has actually done a patent license to some patents owned by Nokia but apparently did not participate in the license agreement that has been made between Nokia and HTC earlier.

This patent relates to method and equipment that allows mobile stations adapting the revision level, based on the network protocol revision level. (Detikinet Thursday, 06/02/2014). Though this technology is redundant in HTC when if HTC devices do not use it, is not going to affect the function of the device.

HTC been convicted and infringe patent owned by Nokia. The infringement occurred when HTC has used patent owned by Nokia without a license. For patent infringement which had done, the Court decided that HTC had to pay compensation to Nokia and banned the import and sale of HTC devices in Germany.

As quoted from www.liputan6.com (01/2/2014). This is the third victory of Nokia over HTC in Germany in the last two months. Previously, HTC also decided infringe Nokia patents related to the use of a USB to connect to mobile phone or computer and a patent about how to connect two phones via Bluetooth or NFC.

Nokia and HTC Company is a great phone vendor companies that should work in a healthy and mutually beneficial it often end up in court.

According to www.liputan6.com on Monday (03/2/2014), this latest verdict is Nokia's third victory over HTC in Germany in the last two months. Previously, HTC also decided infringe Nokia patents related to 'the use of a USB to connect to mobile phone or computer and a patent about how to connect two phones via Bluetooth or NFC.'

In the end, based on the official press release quoted by JerukNipis from GSMArena, Friday (02/07/2014), which revealed that HTC will make payments to Nokia, but does not mention the details of the amount paid.Once hit by the Patent Case, there seems to be lessons learned on both sides that Nokia and HTC finally signed deals about patents and technology issues.

Source: teknoup.com, liputan6.com, detik.com, jeruknipis.com

Law analysis

It seems like the unceasing technological rivalry even act in bad faith and imitation often occurs.

In the case above, Nokia as the patent holder has exclusive rights for a given period of time to use their own invention or give approval to others to implement it, as the provisions of Article 1 paragraph 1 of Law no. 14 of 2001 on Patents.

HTC been convicted and infringe patent owned by Nokia. The infringement occurred when HTC has used patent owned by Nokia without a license. HTC has actually done a patent license to some patents owned by Nokia but apparently did not participate in the license agreement that has been made between Nokia and HTC earlier.

Article 69 of the Patent Act addresses the License are:

"(1) The Patent Holder shall be entitled to give a license to another person pursuant to a license agreement for performance of acts referred to in Article 16.
(2) Unless otherwise agreed, the scope of the license as referred to in paragraph (1) shall cover all acts as referred to in Article 16 which shall be effective during the term of license, and shall be valid for the whole territory of the Republic of Indonesia."

Settlement of disputes over patent under Article 117, namely:

"(1) In the event a patent is granted to a person other than the person entitled to relevant patent based on Article 10, Article 11, and Article 12, the person so entitled to the patent may bring a lawsuit to the Commercial Court.
(2) The rights that pertain to a patent as referred to paragraph (1) maybe claimed and shall be effective retroactively as from the filing date."

The Nokia as the holder of patent right to file claim for compensation to the HTC accordance with Article 118, namely:

"(1) A patent holder or a licensee shall be entitled to bring a lawsuit for damages through the Commercial Court against any person who deliberately and without rights performs any acts as referred to in Article 16.
(2) The lawsuit for damages filed against any acts as referred to in paragraph (1) may only be accepted if the product or process is proven to have been made by using the patented invention."

Patent infringement conducted by HTC can be charged under Article 130 of the Criminal Provisions and 131, namely:

"Any person who deliberately and without right to violate the rights of patent holders Simple to perform any of the acts referred to in Article 16 shall be punished with imprisonment of 2 (two) years and / or a maximum fine of Rp 250,000,000.00 (two hundred and fifty million dollars)".

Article 131

"Any person who deliberately and without right to violate the rights of patent holders Simple to perform any of the acts referred to in Article 16 shall be punished with imprisonment of 2 (two) years and / or a maximum fine of Rp 250,000,000.00 (two hundred and fifty million dollars) ".

Actually, on the side of the HTC as a defendant can prove and look for differences that the technology which is considered the same as the Nokia is different by comparing both the invention of products and how much the similarities/differences in both the inventions. Moreover, HTC assess the methods and equipment technology that allows mobile stations adapting the revision level, based on the network protocol revision level are redundant in HTC devices that when HTC do not use it do not affect the function of the device. It certainly can affect the economic value of patents used by HTC, so the claims for compensation to the HTC can be seen from how influential the Nokia's patent on the product belongs to HTC.