HTC goes on the offensive in patent dispute with IPCom

HTC remains confident that it will win its dispute with IPCom and that business in Germany will remain unimpaired, despite claims that its devices are infringing a 3G patent.

The Taiwanese manufacturer believes it has the legal advantage, despite being sent a notice by patent licensor IPCom to stop selling devices in Germany.

In a lengthy statement, HTC claimed that IPCom is trying to "enforce rights in a patent claim that it knows to be invalid".

"IPCom's 'victory' over HTC under the #100 in the District Court of Mannheim in 2009 can hardly be called a victory when the patent claim found to be infringed by the court was subsequently found invalid in the Federal Patents Court. HTC is confident that the German Supreme Court will ultimately uphold this finding," the firm said.

"IPCom's current strategy is one of desperation because it has been legally outmanoeuvred. Based on comprehensive legal advice from some of the best patent lawyers in Germany, HTC is confident that the District Court of Mannheim will find in its favour."

HTC also stated that it has an alternative implementation of the patent in place and has planned for contingencies.

The firm remains unwilling to sign any licensing deal with IPCom, claiming that the royalty demands are "disproportionate and unjustifiable as the patents are weak and are of minor importance".

The handset maker also claims that IPCom has nothing to show for years of litigation.

"Despite almost four years of litigation, IPCom has failed to achieve one significant victory against Nokia or HTC and failed to secure any damages," the firm added.

"On the contrary, IPCom is liable to both HTC and Nokia for substantial sums in legal costs resulting from its many losses."

In response, Bernhard Frohwitter, managing director of IPCom claimed that the accusations by HTC are misleading and maintained that the patent under question is not invalid.

"We don't know the patent to be invalid. In their own words it is not invalid, but was amended by the FPC, and since the decision was appealed, the FPC decision has no legal effect," he said in a statement.

"We have always urged HTC to let the courts decide on a percentage, but as in the 100 case they prefer to disrespect intellectual property and then try to escape from court findings. The Monday appeal would have been an opportunity for them to let the Karlsruhe appeal court decide on that, once and for all. They preferred to steal away."