HTC Corporation v Nokia Corporation

HTC Corporation v Nokia Corporation

A final injunction is granted because refusal would be tantamount to imposing a compulsory licence in circumstances where HTC could not obtain one by proper route, and the grant of injunction is not disproportionate given HTC's ability to source non-infringing alternatives within a reasonable period. Damages in lieu are not appropriate. A partial stay is granted for the HTC One pending appeal due to balance of hardships, but refused for the One Mini.

Parties
Claimant: HTC Corporation; Defendant: Nokia Corporation
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Patent Infringement and Revocation / Post Judgment, Hearing on Consequential Orders
Outcome
Final injunction granted to restrain infringement; partial stay granted for HTC One pending appeal; stay refused for HTC One Mini.
Legal Topics
Injunctions, Damages in Lieu of Injunction, Compulsory Licences, Enforcement Directive, TRIPS, Patent Hold Up, Non Infringing Alternatives
Intellectual Property Patent Law Injunctions Damages in Lieu of Injunction Compulsory Licences Enforcement Directive TRIPS Patent Hold Up +1 more

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Parties

HTC Corporation

Claimant

Nokia Corporation

Defendant

Procedural Posture

Patent Infringement and Revocation / Post Judgment, Hearing on Consequential Orders

Legal Issues

  1. 1 Whether a final injunction should be granted to restrain patent infringement
  2. 2 Whether damages in lieu of injunction are appropriate
  3. 3 Whether a stay of injunction pending appeal should be granted

Ratio Decidendi

A final injunction is granted because refusal would be tantamount to imposing a compulsory licence in circumstances where HTC could not obtain one by proper route, and the grant of injunction is not disproportionate given HTC's ability to source non-infringing alternatives within a reasonable period. Damages in lieu are not appropriate. A partial stay is granted for the HTC One pending appeal due to balance of hardships, but refused for the One Mini.

Court Disposition

Final injunction granted to restrain infringement; partial stay granted for HTC One pending appeal; stay refused for HTC One Mini.

Orders

  • HTC restrained from infringing European Patent (UK) No. 0 998 024
  • Partial stay of injunction for HTC One pending appeal