**Editor's Note: Click here for our list of November's hottest selling smartphones to see how Nokia measured up to the competition.**
A lawsuit filed against Nokia filed by one of its investors has been dismissed.
Robert Chmielinski claimed that the Finland-based mobile-phone giant was inflating the success of its new Windows-based smartphones after they debuted in the U.S. earlier this year.
“Nokia’s migration to a Windows platform was not going as well as represented," Chmielinski said in his complaint in May, just a month after the company's flagship phone – the Lumia 900 – launched at AT&T. (Nokia last month rolled out its next fleet of smartphones based on Microsoft's Windows 8, including a new flagship, the Lumia 920.)
The plaintiff called out Nokia's chief executive and chief financial officer in the suit, accusing them of intentionally misleading investors about Lumia sales figures. He wanted unspecified damages and attorneys' fees, claiming that the company "participated in a scheme to defraud and committed acts, practices and participated in a course of business that operated as a fraud or deceit on purchasers of Nokia securities ..." the complaint, filed in a New York court, read.
Chmielinski had argued that its team-up with Microsoft had done little to keep its market share from slipping even more, The Next Web pointed out, and it's hard to challenge that – the numbers, for the most part, back it up.
But Nokia's Windows 8 devices, a handful of which debuted in November, might this time truly signify a turnaround. A number of retail outlets have recorded sellouts of the devices, particularly the Lumia 920, this holiday season – even though some industry insiders say it's more due to a supply shortage rather than overwhelming excitement for the new products. And the Lumia 920 landed among AT&T's top sellers in November.
Nokia was once the world's biggest name in mobile phones, but Apple and Samsung have dominated the landscape over the past couple of years as Nokia was slow to embrace the smartphone revolution. Sales of Windows 7 devices earlier year and early in 2012 started off strong, but quickly faded. There has been more buzz surrounding its Windows 8 phones, particularly due in part to a marketing blitz by Microsoft this holiday season.