Finally – HTC has caught a break. After being banned last month from selling any Android devices in Germany due to a patent dispute with Nokia, a regional court in Germany has decided to dismiss part of the patent suit against the Taiwanese manufacturer. Nokia claimed that HTC infringed a patent involving phone calls being made during an OTA software update downloading to the device. (Yes, apparently that capability was actually patented.)
As other have pointed out, since an OTA update download is just like any other data transfer, and GSM standards dictate that phone calls can be made while transmitting data, there’s no good reason for Nokia to have a patent covering this.
Still, HTC is actively appealing its defeat at the hands of Nokia regarding NFC and Bluetooth data transfer patents. I think I echo a lot of people’s sentiments when I ask: Nokia, when did you become so much like Apple?[ZDNet via HTC Source]