Brick Court Chambers

High Court finds infringement of Nokia’s mobile phone patent in action against HTC

06/11/13

On 30 October 2013, Mr Justice Arnold handed down judgment in the first of a number of forthcoming patent trials between Nokia and HTC [2013] EWHC 3247 (Pat). The court held that Nokia's patent entitled ‘Modulator structure for a transmitter and a mobile station' had been infringed by various HTC mobile phones including HTC's One and Wildfire handsets.

In its defence HTC argued that Nokia's rights under the patent were exhausted under English and US law and that it had the benefit of a licence arising as a result of an agreement between Nokia and Qualcomm. Arnold J considered expert evidence on US law including the effect of the US Supreme Court decision in Quanta v LG and concluded that HTC's defences had not been made out.

The judgment is here.

Nicholas Saunders appeared for Nokia instructed by Bird & Bird.