IP Court Decided In Favor of HTC for Diamond2 3G in a Patent Lawsuit.

HTC Corporation was accused of patent infringement by a patent inventor surnamed Yang over HTC’s Touch Diamond2 3G, a cordless Bluetooth phone and HTC’s 2009 new launch.  Yang initiated a patent infringement lawsuit with the IP Court and claimed for NTD1,000,000 in damages against HTC on the ground that HTC infringes upon his invention by adding a plate or touch plate mounted on the surface plate of the display panel and a camera lens module built in the extension area.  The lawsuit ends up in favor of HTC because the IP Court holds that Yang’s patent does not meet the patentable requirement of novelty and the technical content thereof is different from that of HTC’s TOUCH DIAMOND2 3G product, and thus HTC does not have to pay the amount claimed in damages.

Yang holds the patent titled “a display panel integrated module structure with camera function”, duly granted by the TIPO, and the patent term thereof begins from May 2009 and ends in May 2025.

The independent claim of Yang’s patent relates to “a display panel integrated module structure with camera function; it has an additional plate or touch plate mounted on the surface plate of the display panel and a camera lens module built in the extension area of the surface plate of the display panel”.

In July 2009, it came to Yang’s attention that the technical features of HTC’s “Touch Diamond2 3G, HTC T5353” correspond with those of his invention.  For this reason, Yang retained a lawyer to issue a letter to HTC to demand removal of infringement upon his patent, while HTC ignored his demand.  That was why Yang subsequently filed a lawsuit against HTC to claim an amount of NTD1,000,000 in damages.

In the trial proceedings, HTC explained that the camera module and panel module of Touch Diamond2 are equipped with different flexible printed circuits and then connected with the motherboard through their respective flat cables and connection plugs.  The camera module and panel module of Touch Diamond2 does not comprise an integrated module structure as that of Yang’s invention.  By the foregoing elucidation, HTC alleged that Yang’s argument about HTC’s patent infringement seemed to be a misunderstanding.

In addition, HTC indicated that the technical content of Yang’s invention has been laid open in the US and Japan, and therefore, the patent claims of Yang’s invention no longer meet the elements of novelty and inventive steps.  HTC asserted that HTC does not infringe upon Yang’s invention by its Touch Diamond2 3G product.

The IP Court admitted HTC’s argument and dismissed Yang’s complaint.  This case is still appealable.  (2010.02)

Docket Number:  IP Court (98) Ming-Zhuan-Su-Zi No. 102
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