Tuesday, March 12, 2013

Post 13- ITC Refuses to Review Nokia vs. HTC Decision

 Today, I read an article from Foss Patents blog entitled “ITC Affirms Dismissal of One of Nine Nokia Patents-in-Suit in HTC Case.” The patent in question has to do with a “communication network terminal supporting a plurality of applications” and the diagram above “illustrates the flow of a short message from one mobile station to another.” The case involving this patent was dismissed around a month ago by an ITC judge and a couple weeks ago Nokia asked the ITC to review the judge’s decision and yesterday the ITC refused to review the order without giving any reason why.

Interestingly enough, the author of Foss Patents doesn’t believe that the patent is standard essential, but HTC has delayed the process enough to the point where, because of the lengthy duration of litigation, Nokia won’t be able to enforce its patent against HTC any time soon. This is yet another example of how companies can use patent litigation as a weapon against competitors because they know how much it can delay the process.

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