[One (M7) General] BarryH_GEG:
Basically, once they run out of any microphones they have on hand, they can't build any more One's until they find a replacement or reach an agreement with STM/Nokia to continue to use the current part.

STMicroelectronics must stop supplying HTC with the microphones used in the HTC One because they were invented by Nokia and manufactured exclusively for Nokia, according to Nokia spokesman Brett Young.

The court's decision prevents the microphone from being sold to anyone else other than Nokia, he said. "This has immediate effect and is global in scope, not just in the Netherlands," Young said via email. STMicroelectronics is headquartered in Geneva, but its holding company is registered in Amsterdam.​

http://www.computerworld.com/s/arti...phones_for_HTC_One?taxonomyId=15&pageNumber=1

Nokia does hold a U.S. patent on the microphone which the Netherlands court said doesn't apply in the EU. So expect Nokia to seek an immediate injunction against the sale of the One (because it houses a patent offending component) in the U.S. shortly.

A claim for 'recall' of microphones already delivered however rejected because Nokia itself (in Europe) can not rely on a patent, which is currently only granted in the United States.​

Here's from the judge's ruling:

It basically says that STM clearly should have known the mic wasn't there's to sell and Nokia submitted documents and presentations to the court prepared by STM clearly marked with the NDA and that the mic was to be built exclusively for Nokia. Nokia asked for a recall which was plausible under Finnish law but denied by the Netherlands judge because, as some have said here, HTC's the victim. However, with immediate effect, STM cannot sell the mic to any supplier other than Nokia and must pay a fine of $65K per mic sold to a maximum of $1.3MM. In the greater scheme of things $1.3MM isn't a lot but violating the court's order is. Nokia will also pursue damages outside of the judge's temporary penalty which isn't for damages but meant to penalize STM for continued abuse of Nokia's technology until a full trial takes place.

One factor that HTC (or other customers) can not be that they receive a product that ST towards them was them that contractually obliged not (yet) provide known. They are therefore not acted unlawfully against Nokia in ST Tufnell microphones to buy. Therefore - now an absolute right of Nokia is missing - no legal presence which ST could base to return of the Tufnell delivered enforce microphones themselves against HTC (or other customers). Under those circumstances, a recall no appropriate form of compensation. 4.10. The advanced penalty will be maximized. 4.11. ST will be largely if convicted. Unsuccessful party in the proceedings The costs on the part of Nokia are estimated at: - summons EUR 104,00 - 589,00 registry - attorney fees 816.00 Total 1509.00 EUR 5. The decision The court 5.1. ST commands to stop after the service of this judgment immediately the supply of dual-diaphragm Microphones (Tufnell) to any person other than Nokia and keep up to March 1, 2014 or until the arbitration between the parties in Helsinki discontinued otherwise decided, 5.2. condemns ST to Nokia to pay EUR 50,000.00 for each "Tufnell" double diaphragm microphone despite the above under 5.1 a penalty payment. command specified in the said period to another than Nokia comes up to a maximum of EUR 1,000,000.00 is reached 5.3. ST condemns the proceedings, on the part of Nokia to date estimated at EUR 1,509.00, 5.4. declares this judgment provisionally enforceable, 5.5. the more points otherwise requested. This judgment was delivered by Mr. RHC Jongeneel, judge, assisted by PJ van Vliet, Registrar, and the public on April 22, 2013.​

http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BZ8278