1.原文連結：
http://www.phonearena.com/news/HTCs-Android-devices-face-ban-in-Germany-after
-Nokia-wins-another-injunction-in-court_id50609
2.內容：
HTC's Android devices face ban in Germany after Nokia wins another injunction
in court
Posted: 21 Dec 2013, 15:26, by Alan F.
Tags: Nokia+ HTC+ Android+ Patents+
.
HTC's Android devices face ban in Germany after Nokia wins another injunction
in court
HTC has been trying to put out some legal fires lately. But just when they
think that they have one fire under control, another pops up. In the U.K.,
HTC has received a stay of injunction preventing Nokia from enforcing a sales
ban it won in court against the HTC One mini. Actually, the Finnish based OEM
won a sales ban against both the HTC One and the HTC One mini. The judge
quickly stayed the ban against the HTC One so that HTC would not be
handicapped by having its flagship model banned during the holiday season.
Now, HTC has some new legal problems in Germany, where a judge has ruled that
HTC infringed on a key USB patent owned by Nokia. As a result, the German
court has issued an injunction against all of HTC's Android powered devices
in the country. This could be a scare for all Android manufacturers although
Google chose not to get involved in the case at this point.
HTC could devise a workaround for the patent, which helps PCs decide which
driver to use when hooked up to a smartphone using the USB port. Obviously
HTC would rather lose that feature over having all of its Android phones
banned in Germany. There is another solution albeit not one that the Taiwan
based manufacturer would find tasty. It could negotiate a license with Nokia.
Eventually, other Android handset manufacturers will have to do the same or
face the same consequences. As far as Windows Phone is concerned, the guys in
Redmond have a license to use the patent based on terms of Microsoft's
purchase of Nokia's Devices and Services business.
As for HTC's Android devices in Germany, Nokia can enforce the ruling on a
provisional basis during the appeal process. But it would be required to post
a 50 million EUR ($68 million USD) bond to cover potential sales lost by HTC
during this period, just in case HTC wins at the appellate level.
Things could get worse for HTC, believe it or not. Last week, the U.S. ITC
announced that it would review a preliminary ruling that the company
infringed on a pair of Nokia patents and this action could end up with a
sales ban in the U.S. against HTC.
"Nokia is pleased that the Regional Court in Munich, Germany has today ruled
that a number of HTC products infringe Nokia’s patent EP 1 246 071, which
covers USB functionality in mobile phones.
Today's judgment is another significant milestone in our on-going dispute
with HTC, enabling Nokia to enforce an injunction against the import and sale
of all infringing HTC products in Germany, as well as to obtain damages for
past infringement. This patent is also already in suit against HTC in the UK.
Nokia began its actions against HTC in 2012, with the aim of ending HTC’s
unauthorised use of Nokia’s proprietary innovations and has asserted more
than 50 patents against HTC in France, Germany, Italy, Japan, the
Netherlands, UK and US. During 2013, HTC has been found to infringe Nokia
patents in venues including the Regional Courts in Mannheim and Munich,
Germany, the UK High Court and the US International Trade Commission."-Nokia
source: FOSSPatents via theunwired
3.心得/評論(必需填寫)：
這篇寫的就更清楚了
簡單的說 Nokia若付出20億(換算為台幣)元保證金
則得以在htc上訴期間
要求法院裁決暫時禁售在德國販售的所有HTC Android產品