Nokia complained that:
- HTC is attempting to protect a patent features that Nokia is not challenging as infringement. Nokia claims that HTC could, at best, obtain a delay on devices with a protocol that sends data to apps on the phone
- HTC does not have an industry standard to which it has tied the 529 patent
This case is important because the ITC has the opportunity to step in and set up a precedent of the "wholly groundless" terminology. Without establishing clear ground rules on what is "wholly groundless", the ITC will lose its power in arbitrating frivolous lawsuits, which will open the door for multitudes of frivolous lawsuits.
I am happy to hear about this, because hopefully it should deter other companies and patent trolls from pursing legal action on "wholly groundless" claims. However, one complication is that the definition of "wholly groundless" may be a matter of debate in the future.
ReplyDeleteI agree that this case is important for HTC to step into Germany. I think it might be time for Nokia to stop his action of "patent trolls" and focus on his mobile development.
ReplyDeleteAfter reading Brandon Curran's blog post from last week, I feel there is a continuing trend in that direction and hopefully it will lead to a large scale stagnation of patent trolls within the tech space
ReplyDeleteThere's a new law being suggested that would make the loser pay the winners fees, in the case of trolls, it could deter them since there would finally be a cost attached to threatening others.
ReplyDeleteThis is good news in regards to facing patent trolls. let's hope this sets a good precendent for future cases
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