HTC Sweden AB (HTC) is still the proprietor of the European patent No. EP 1 702 714 (“the Twister Patent”), which was granted in May 2007.
Hearing at European Patent Office
On 26 May 2009 an opposition hearing regarding the Twister Patent took place at the European Patent Office (“EPO”) in Munich, Germany. The Opposition Division of the EPO came to the conclusion, contrary to its preliminary assessment, that the Twister Patent should be revoked.
The Twister patent is still in force
Since somewhat misleading information of the consequences of the decision has been spread by KGS, HTC would like to clarify that the Twister Patent is still in force, and will remain so, provided the decision by the Opposition Division will be appealed to the Board of Appeal of the EPO, which HTC intend to do as soon as possible after the decision has been published in writing. The Board of Appeal will then finally decide whether the Twister Patent shall be revoked or not. If the Board of Appeal will uphold the Twister Patent, those companies having used, produced or sold copies of the Twister-pad, will most likely be deemed to have infringed the Twister Patent.
It should also be remembered that the Svea Court of Appeal in a decision published on 2 April 2009, regarding the issue of a temporary injunction, found that it is plausible that the Twister Patent will be upheld. Requested to reconsider and nullify the decision by the Court of Appeal, with reference to the decision by the Opposition Division, the Stockholm District Court found in a decision on 3 July 2009 that the decision by the Opposition Division did not change the grounds on which the Court of Appeal had based its decision.
