HTC Corporation v. Nokia Corporation, Patents Court, London, UK, 3 December 2013, Case No.  EWHC 3778 (Pat)
On 3rd December 2013 the Patents Court granted a final injunction to restrain infringement by HTC Corporation (“HTC”) of a patent for a mobile phone chip belonging to Nokia Corporation (“Nokia”), but granted a partial stay pending a decision of the Court of Appeal. The primary infringing article was HTC’s flagship phone, the “One”, along with the more recent “Mini”. Mr Justice Arnold made a finding of infringement in October this year ( EWHC 3247 (Pat)) but HTC argued that he should exercise his discretion to grant damages in lieu of an injunction. In refusing to do so he clarified the test to be applied when considering whether to grant a final injunction once a finding of infringement has been made. The crucial factor was proportionality of the injunction, which on the facts of this case turned on the availability of non-infringing alternatives.