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Nokia wins ban in the Netherlands on HTC One component Nokia wins ban in the Netherlands on HTC One component
(about 2 hours later)
Nokia has won a court injunction banning HTC from using microphone components in its flagship HTC One smartphones in the Netherlands. Nokia has won a court injunction banning HTC from using microphone components in its flagship HTC One smartphones.
It will create more headaches for the Taiwan-based firm, which has struggled with component shortages.It will create more headaches for the Taiwan-based firm, which has struggled with component shortages.
Nokia said it had taken apart the HTC One and found the high-amplitude audio-capture technology was the same as its own.Nokia said it had taken apart the HTC One and found the high-amplitude audio-capture technology was the same as its own.
HTC said it would be looking for alternatives "immediately".HTC said it would be looking for alternatives "immediately".
The ruling made by the Amsterdam District Court is effective until March 2014 and will prevent ST Micro, which sells the parts, from offering them to HTC for sale in the Netherlands. The ruling made by the Amsterdam District Court is effective until March 2014 and will prevent STMicro, which sells the parts, from offering them to HTC for sale.
The court found the parts had been invented by Nokia and manufactured exclusively for the Finnish company's phones.The court found the parts had been invented by Nokia and manufactured exclusively for the Finnish company's phones.
Nokia said: "HTC has no licence or authorisation from Nokia to use these microphones or the Nokia technologies from which they have been developed.Nokia said: "HTC has no licence or authorisation from Nokia to use these microphones or the Nokia technologies from which they have been developed.
"The injunction prevents STMicroelectronics from selling the microphones to anyone except us, anywhere in the world, until 1 March 2014. Its scope is not restricted to the Netherlands.
"The HAAC [high amplitude audio capture] technology used in these microphones is Nokia's and there is no alternate supplier."
In a statement, HTC said it was disappointed by the decision.In a statement, HTC said it was disappointed by the decision.
"We are considering whether it will have any impact on our business and we will explore alternative solutions immediately," it said."We are considering whether it will have any impact on our business and we will explore alternative solutions immediately," it said.
Patent portfolio A spokesman for STMicro - which has its headquarters in Geneva - said his company planned to challenge the ruling.
According to patent lawyer Andrew Alton, from law firm Urquhart-Dykes and Lord, the ruling will be limited to the Netherlands. "A decision has been rendered by the Amsterdam Court, prohibiting ST to sell a specific microphone on the open market," he said.
"The injunction was issued by a Dutch court and the extent to which is is enforceable in other jurisdictions is a complicated matter," he said. "ST intends to appeal this decision. In the meantime, ST is ready to propose alternative solutions."
"Nokia will have to start legal processes in each country as there is no such thing as a worldwide enforceable injunction."
However, any other European court asked to pass judgement on it will have to consider the Dutch ruling.
It is a fairly minor win for Nokia, according to Mr Alton.
"This is going to be a pain for HTC, but it isn't going to cripple them. No-one buys smartphones on the basis of it having a really great microphone."
Nokia, which is struggling to gain ground on rivals such as Apple and Samsung, has filed about 40 patent infringement cases against HTC. It also has cases pending against Blackberry.
"Nokia has got a decent patent portfolio. It was in the business from the start so have telephony patents as well as software ones so it is in a strong position," said Mr Alton.