Apple to 'Vigorously' Defend Itself in Nokia Lawsuit

[MacRumors]

In its 10-K annual report (PDF) filed with the U.S. Securities and Exchange Commission and posted yesterday, Apple notes that it plans to "vigorously" defend itself from a lawsuit filed last week by Nokia claiming infringement of multiple cellular and Wi-Fi patents by Apple's iPhone.

The complaint alleges that these patents are essential to one or more of the GSM, UMTS and 802.11 wireless communications standards, and that the Company has the right to license these patents from plaintiff on fair, reasonable, and non-discriminatory ("FRAND") terms and conditions. Plaintiff seeks unspecified FRAND compensation and other relief. The Company's response to the complaint is not yet due. The Company intends to defend the case vigorously.

In its press release announcing the lawsuit, Nokia noted that approximately 40 other companies, including "virtually all the leading mobile device vendors," has licensed the intellectual property but that Apple and had refused to agree to "appropriate terms" for licensing.

Analysts have claimed that Nokia could be seeking up to $1 billion in damages from Apple in what is likely to be a protracted and costly legal dispute, regardless of outcome.

Article Link: Apple to 'Vigorously' Defend Itself in Nokia Lawsuit

 

[jamesryanbell]

"You guys are successful! We want some money too."

 

[edesignuk]

If practically everyone else is already paying up, I really don't see how Apple think they have a leg to stand on.

I can't stand how they think they're so "special".

 

[Macman1993]

Hmm the amount is insane but if Nokia has the patent and apple refuses to pay for the license then they diserve to be sued. If someone did this to apple you know there would be a lawsuit. I love apple but they should play by the same rules they expect others to play by.

 

[arkitect]

If practically everyone else is already paying up, I really don't see how Apple think they have a leg to stand on.

Exactly.
The whole saga might linger on like bleeding ulcer for years, but Apple's going to lose this one. They may of course spin it as a "settlement" etc…

 

[chris200x9]

go apple!

 

[ChazUK]

If practically everyone else is already paying up, I really don't see how Apple think they have a leg to stand on.

I can't stand how they think they're so "special".

But if "practically" everyone is paying up, who else isn't and why are they getting away with it over Apple?

 

[rhett7660]

Of course reading what little information is on the web, we do not know all of the facts of the case. Something tells me there is more to this then any of us know.

But if "practically" everyone is paying up, who else isn't and why are they getting away with it over Apple?

You beat me to it. Why isn't EVERYONE paying????? Which is why I say, there is more to this. We do not know all of the facts. Unless you have read the brief or lawsuit in whole we do not know.

 

[edesignuk]

But if "practically" everyone is paying up, who else isn't and why are they getting away with it over Apple?

Your guess is as good as mine. 40 companies paying up must cover all of the big players though, how many manufacturers can there be? My guess would be there might be a few small companies not playing ball, but they're probably not worth the trouble. Apple and the iPhone on the other hand, clearly worth it.

 

[Macman1993]

But if "practically" everyone is paying up, who else isn't and why are they getting away with it over Apple?

Well the post never said someone else wasn't paying it just said most are it could be that other companies just aren't using the technology.

 

[allpar]

There was once a company that held a frivolous patent on the automobile. Every automaker paid until stubborn ol' Henry Ford refused. The patent was demolished in court.

(Before you get the warm fuzzies for Henry Ford from that, by the way, remember that Adolph Hitler said his solution to certain perceived demographic problems was inspired by Henry Ford.)

Sometimes patents are simply invalid and should be ignored. Other times, well, Apple is not known for being shy... or understanding that laws apply to them, too. (Remember the old Beatles battle. Apple was probably not on the "right" side there.)

 

[outphase]

Sometimes patents are simply invalid and should be ignored. Other times, well, Apple is not known for being shy... or understanding that laws apply to them, too. (Remember the old Beatles battle. Apple was probably not on the "right" side there.)

Ignoring the patent would be the one of the worst possible things for Apple to do. It would almost be as bad as not showing up in court.

 

[allpar]

Ignoring the patent would be the one of the worst possible things for Apple to do. It would almost be as bad as not showing up in court.

I think you know what I meant.

In any case, maybe Apple should just BUY Nokia ... it might be cheaper in the long run.

I sure hope this is a case of invalid patent, not one of hubris.

 

[cumanzor]

Is there any way to know or at least have a vague idea on which patents are they talking about?

 

[ChazUK]

Your guess is as good as mine. 40 companies paying up must cover all of the big players though, how many manufacturers can there be? My guess would be there might be a few small companies not playing ball, but they're probably not worth the trouble. Apple and the iPhone on the other hand, clearly worth it.

The only people I can think of that are not paying up is the likes of NOKLA, who are already releasing clones of other handsets.

If that is the case and Apple is the only big player not paying up then they probably will pay in the end.

 

[realgenius]

... license these patents from plaintiff on fair, reasonable, and non-discriminatory ("FRAND") terms and conditions.

It is possible that Apple will argue Nokia wasn't offering FRAND licensing terms. Maybe the licensing deal offered by Nokia to Apple wasn't the same deal that the other 40 were offered?

I'm pretty sure the patent is valid, but I'm sure Apple will say that it doesn't apply to their device and/or the terms from Nokia were discriminatory.

I'm not sure of Apple's complete legal track record, but they probably have weighed all of the pros and cons of this action.

It will be interesting to see how it plays out, but really I don't think it is going to impact either Apple or Nokia much in the long run. I think Apple has more than a billion cash on hand, so even if they lose big it won't be earth shattering.

 

[Xavier]

Just because one company wins it big with a great product doesn't mean that you get a cut of the gold.

I think both Nokia and Palm are a joke.

 

[zombitronic]

Of course reading what little information is on the web, we do not know all of the facts of the case. Something tells me there is more to this then any of us know.

I agree. I'd like to know exactly what patents are supposedly being infringed upon.

I may be misreading this, ("The complaint alleges that these patents are essential to one or more of the GSM, UMTS and 802.11 wireless communications standards,") but it seems as if Nokia is stating that they own patents essential to the development or operation of some wireless communications standards. After a bit of Googling, I couldn't find any information about Nokia owning, developing or contributing to these standards. Can anyone find evidence that states otherwise, or am I completely wrong about my assumption of this complaint?

 

[arkitect]

I think both Nokia and Palm are a joke.

So, Xavier, you think that do you?

What will you say when Nokia get their claim supported in court?
Will you then say Apple is a joke?

Seriously why the blind f*nboyism?
It is quite alright for Jobs, Inc. to be wrong. Your world won't end.

 

[Bubba Satori]

If practically everyone else is already paying up, I really don't see how Apple think they have a leg to stand on.

I can't stand how they think they're so "special".

 

[Cybbe]

I agree. I'd like to know exactly what patents are supposedly being infringed upon.

I may be misreading this, ("The complaint alleges that these patents are essential to one or more of the GSM, UMTS and 802.11 wireless communications standards,") but it seems as if Nokia is stating that they own patents essential to the development or operation of some wireless communications standards. After a bit of Googling, I couldn't find any information about Nokia owning, developing or contributing to these standards. Can anyone find evidence that states otherwise, or am I completely wrong about my assumption of this complaint?

Nokia was one of the key developers of the GSM standard. The company is far more than just the handset division, it also engages in extensive research and build telecommunication networks. While I don't know the specifics of this lawsuit, I find it highly likely and credible that Nokia holds many patents related to wireless technology.

 

[HLdan]

I hate trolls here!!

Apple is getting sued, a new article gets posted that they are now going to vigorously defend themselves AS THEY SHOULD, but the article currently has more negatives than positives. Sometimes I wonder are these negatives from Windows fans or is it that people just want Apple to fail?

 

[ChrisA]

If practically everyone else is already paying up, I really don't see how Apple think they have a leg to stand on.

I can't stand how they think they're so "special".

It does not matter. Those other companies may just be paying because it is cheaper than going to court.

Let's say I "invent" a wheel. Everyone knows my wheel patent is bogus but I only charge 10 cents for the license. So many people would prefer to send me a few cents because it would cost many thousands to fight in court.

Of course Nokia may have something less obvious then a wheel but we don't know.

The point is that even if many people paid for my wheel license it would still be bogus

 

[Plutonius]

The point is that Apple has a pretty good idea that it can win the law suit or at least reduce the amount of money they owe Nokia (i.e. get a better settlement). Apple would have settled out of court if they believed otherwise.

 

[edesignuk]

Apple is getting sued, a new article gets posted that they are now going to vigorously defend themselves AS THEY SHOULD, but the article currently has more negatives than positives. Sometimes I wonder are these negatives from Windows fans or is it that people just want Apple to fail?

Or, people don't like seeing Apple acting like they're somehow exempt from the rules.

Keep sucking on that kool aid.

As Cybbe touched on, Nokia are much more than a phone maker. They've been making network devices and technologies for years. Their patent book must be enormous.