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HTC to redesign phones after losing Nokia patent suit

Summary: Some handsets will be modified to sidestep a German court ruling, in order to minimize disruption to customers while it appeals against the decision.  —  HTC will redesign some of its smartphones after losing a court ruling …

ZDNet Ryan Huang

Context & Ripple Effects

This is the second act of a fight Nokia opened in May 2012, when it filed a wave of suits against HTC, RIM and ViewSonic covering dozens of patents (11 lawsuits across 45 patents). It escalated on December 30, 2013, when Nokia won a German injunction covering all of HTC's Android devices including the flagship One series (the German injunction). Today HTC confirms it will redesign affected handsets to route around the ruling rather than pull them from the market, while it appeals.

Timing matters for both sides. HTC enters this weakened — its US share slipped in Q4 2013 as Apple and Samsung gained ground per NPD — and it has been here before, testing new models after an earlier patent case in December 2011 (when shares jumped on redesign plans). Nokia, meanwhile, reported declining Lumia and phone sales alongside the handoff of its handset business to Microsoft in late January, making its patent portfolio one of the strongest assets it retains.

First-order effects

  • HTC must engineer and ship modified variants of specific handsets for Germany to stay on sale there during the appeal, absorbing redesign, recertification and inventory costs mid-launch cycle for its rumored larger-screen One refresh expected in March.
  • The injunction stays in force against current HTC Android models in Germany until the appeal resolves, giving Nokia direct legal leverage over HTC's most important product line in Europe's largest market.

Second-order effects

  • With device sales falling and the phone business moving to Microsoft, Nokia can point to this win as proof its patent portfolio generates licensing revenue independent of hardware — raising the price of settlement talks with HTC and other Android makers it sued in 2012.
  • Other Android vendors selling into Germany now face the same exposure Nokia demonstrated, pushing them toward pre-emptive design-arounds or licensing payments rather than waiting for their own injunctions.

Third-order effects

  • Country-by-country injunctions like this one fragment the European Android market, making litigation-resilient design and patent licensing budgets a permanent cost of doing business for handset makers rather than an occasional legal event.
  • For shrinking incumbents, monetizing patents through enforcement becomes a structural exit strategy — extracting value from rivals' success after a company's own hardware business declines, a playbook Nokia is executing even as it hands devices to Microsoft.

The trend: Declining hardware incumbents are converting dormant patent portfolios into active licensing businesses through targeted national-court enforcement against stronger Android rivals.