The HTC One might be available today here in Australia, but it’s a different story over in the Netherlands thanks to a preliminary injunction brought forward by Nokia against the device. The heart of the issue is that HTC are using a microphone in the One that is manufactured by ST Electronics, however, that microphone was invented by Nokia, and ST Electronics is meant to be manufacturing them exclusively for Nokia — as you can see above it’s used in the Lumia 720.
“HTC is disappointed in the decision. We are considering whether it will have any impact on our business and we will explore alternative solutions immediately.” – HTC
This is yet another costly delay for HTC who will now have to look into using another microphone module in the One or getting the go-ahead from Nokia, which is likely to happen if enough money is offered. It’ll be interesting in the days and weeks ahead to see if Nokia tries to push this injunction in other countries, or if HTC and Nokia can sort this issue out with money like real corporations.
Glad I got mine this morning then before the injunctions spread around the globe.
Nokia make create phones, happy my One has a microphone designed by them.
Great*
If ST Electronics has sold HTC a microphone developed by Nokia, thus breaking their exclusive supply contract, should Nokia be suing ST rather than HTC who are nothing more than innocent by-standers in this scenario ?
Well Nokia isn’t exactly suing HTC, it’s not like they are currently asking for damages from HTC, they are asking to stop sales of devices with their tech in it. Though depending on how that tech got into HTC’s hands, they could sue both HTC and ST. If HTC is innocent, HTC should ask for compensation from ST and would probably need to pay Nokia to keep using the tech or change it to some other component.
This is an injunction that is actually deserved, unlike most handset injunctions. For ST to provide HTC with a product when they are contractually bound to only supply that product to Nokia is plain wrong, especially when Nokia created it.
I disagree. An injunction seems unwarranted here, particularly considering that ST has breached its contract with Nokia by selling the component to HTC. Injuncting HTC from selling the One based on a breach of contract by a third party seems grossly unfair to HTC, and I doubt it will survive an appeal.