Out-Law News 1 min. read

Impending sales ban on HTC One Mini mobile device postponed


Taiwanese mobile device manufacturer HTC has said it will "resume shipment" of its One Mini device to the UK, together with the rest of its product portfolio, after the Court of Appeal lifted an impending sales ban on the One Mini.

Last week the High Court rejected HTC's bid to delay a sales ban on the One Mini after previously finding that it contained technology which infringes a patent owned by Finnish telecoms giant Nokia. The patent covers the structure of a modulator, technology that allows data to be transmitted over radio waves. HTC has challenged the validity of Nokia's patent and its infringement of it on appeal. That case is still waiting to be heard.

Nokia had asked the High Court to issue an injunction banning both the HTC One Mini and the HTC One, the Taiwanese company's flagship device, from being sold in the UK on the basis that both had been found to infringe a patent it owned. However, HTC sought to delay proceedings whilst the issues before appeal remain unsettled.

Mr Justice Arnold, the judge ruling on the case at the High Court, accepted that HTC would have suffered disproportionate harm if he had banned the sale of the HTC One device immediately. However, the judge was less sympathetic to HTC when assessing whether to delay a sales ban in the UK of the One Mini and said that a ban should take effect from last Friday unless HTC lodged an appeal.

HTC did launch an appeal and has now said that it was upheld, according to a report by Engadget. The Court of Appeal's judgment has not yet been published.

"HTC is delighted that the Court of Appeals has granted a stay on the injunction against our products," the company said in a statement. "We will immediately resume shipment of all of our devices into the UK, including the entire HTC One family."

"Similarly, our customers should feel confident in their ability to promote and sell all HTC devices. Even though we plan to aggressively appeal the validity decision of Nokia's EP 0 998 024 patent, we will continue to work with our chip suppliers on alternative solutions to ensure minimal disruption to our business in the future," the company said.

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