The smartphone patent infringement battles continues today although this time not involving Apple but rather smartphone maker HTC with apparently HTC dropping its defence against patent infringement claims form IPCom, which means that all HTC smartphones could be banned from sale in Germany.

According to an article over on Gizmodo by way of Reuters, HTC deciding to withdraw their appeals over a patent dispute with IPCom in 2009 it in effect delivers a win to iPCom and thus gives the company the right to ask for all HTC smartphones to be banned in the country.

HTC’s appeal on the case was due to be decided next week but HTC apparently pulled the appeal because they believed it was redundant due to the German patent court questioning the validity of the patent in question.

IPCom as now said they intend to use the right awarded by the court which will likely result in HTC devices “disappearing” from stores during the crucial festive season.

According to FOSS Patents, HTC could oppose enforcement of the injunction but odds are against HTC managing to pull that off.

And so it would appear that if you are in Germany this holiday season and in the market for an HTC device it’s looking like you just might have to go outside Germany to actually be able to purchase one if the ban goes into force.

It seems to me that there must be other ways of coming to an agreement when faced with a patent infringement case rather than depriving customers of the option to purchase the device of their choice, so it seems like punishing the customer just as much as the smartphone maker, agree or disagree?

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