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U.S. Trade Agency to Review Apple's Patent Complaints Against Nokia

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The U.S. International Trade Commission (ITC) has been kept busy with claims involving Apple recently, as the company has found itself involved in several high-profile disputes with major corporations over claims of patent infringement. Just a day after the agency agreed to investigate claims made by Kodak against Apple and Research in Motion regarding possible patent infringement, Bloomberg reports that the ITC has granted Apple's request to review actions by Nokia regarding intellectual property.
The ITC is a government agency whose job is to protect the U.S. market from unfair trade practices, including patent infringement. It could complete the investigation in about 15 months.
The battle between Apple and Nokia kicked off last October when Nokia sued Apple for infringement of a number of Nokia-held patents regarding various cellular and Wi-Fi technologies, a suit against which Apple vowed to "vigorously" defend itself. In mid-December, Apple did just that by filing a countersuit addressing Nokia's claims and claiming infringement of 13 Apple-held patents by Nokia.

Nokia responded with a request to the ITC in late December asking for a ban on the importation of "virtually all" Apple products. Apple fired back with its own request to the ITC a few weeks later similarly looking for a ban on importation of Nokia products as the dispute between the two companies continued to escalate.

The ITC granted Nokia's request for a review last month, and has now agreed to consider Apple's request, setting the stage for an independent examination of both companies' cases. As noted yesterday in our report on the Kodak case, the ITC typically grants requests for review, meaning that its decisions in the Nokia cases were not unexpected and any restrictions on the importation of goods from either country are unlikely. The ITC's reviews will, however, offer regulatory perspective on the various claims and the threat of possible importation restrictions will certainly encourage the companies to settle their dispute prior to any official trade-related measures being implemented.

Article Link: U.S. Trade Agency to Review Apple's Patent Complaints Against Nokia
 

Stella

macrumors G3
Apr 21, 2003
8,518
5,407
Canada
I feel like these patent battles end up absolutely no where in the long run.

Win for the Lawyers!


--

Ultimately, the patent system, especially software patents, needs a review.. too many times patents exist just to stifle competition.

Personally, I'd like to see:
1. Prevent a company ambushing another company with their patents x number of years after the initial alleged infringement.
2. Stop patent trolls. The definition of "patent troll" is - http://en.wikipedia.org/wiki/Patent_troll )
 
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cvaldes

macrumors 68040
Dec 14, 2006
3,237
0
somewhere else
Let the legal games begin!

Now we know what Apple has in store for the billions in cash reserves -- legal fees!! :rolleyes:
Yes, Apple can trickle away a little cash in filing stays. In the meantime, Nokia will continue to lose marketshare and mindshare.

If Nokia wants to pursue this legal battle, they have a demanding timeline to follow. They really need to decide if they want to be professional litigants or consumer electronics folks. They don't have the cash to be both.
 
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JamesJa

macrumors newbie
Feb 11, 2010
3
0
Los Angeles
Win for the Lawyers!


--

Ultimately, the patent system, especially software patents, needs a review.. too many times patents exist just to stifle competition.

Personally, I'd like to see:
1. Prevent a company ambushing another company with their patents x number of years after the initial infringement.
2. Stop patent trolls ( a definition is here of what a patent troll is - http://en.wikipedia.org/wiki/Patent_troll )

And Win for Luke Wilson- how many times have we seen that guy since the At&T - Verizon dust up a couple of months back.

I find technology patent cases to be even more confusing than most, as much of technology clearly builds on previous "creations" from years earlier that are in some way partially protected. As soon as Nokia sued Apple, we can see how easy it was for Apple to go find 13 patent "violations" of their own to even the score.
 
Comment

CFreymarc

Suspended
Sep 4, 2009
3,969
1,149
Let the legal games begin!

Now we know what Apple has in store for the billions in cash reserves -- legal fees!! :rolleyes:

Yup, this is going to be a good one. The American from-the-bootstraps-and-on-the-street Yankee trader vs. European socialist at its society-risk-minimizing worst.

My take is that there will be cross licensing after a handful of patents on both sides are invalidated after former artwork is brought about from research labs on both sides of the pond. A year into this, it will be seen as a loose-loose for both side and a few patent attorneys will have new Mercedes and mistresses.

Can you place best on court cases in Vegas?
 
Comment

reden

macrumors 6502a
Aug 30, 2006
646
586
Don't insurance companies pay a part of the lawsuit fees? Company being sued pays a deductible?
 
Comment

cmaier

macrumors Core
Jul 25, 2007
20,285
21,901
California
Win for the Lawyers!


--

Ultimately, the patent system, especially software patents, needs a review.. too many times patents exist just to stifle competition.

Personally, I'd like to see:
1. Prevent a company ambushing another company with their patents x number of years after the initial alleged infringement.
2. Stop patent trolls. The definition of "patent troll" is - http://en.wikipedia.org/wiki/Patent_troll )


Re 1 - it's called the statute of limitations. 35 USC 286:

§286. Time limitation on damages
Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.
 
Comment

totalmente

macrumors newbie
Feb 18, 2010
1
0
who sued who? oh yep, somebody is taking my market share, 3 years later. It is so funny how that works. lol lol:D
 
Comment

TMar

macrumors 68000
Jul 20, 2008
1,679
1
Ky
This was all interesting when these claims had substance, now it's just all back and forth over nothing. I'm not sure who these companies pay their lawyers, but it looks like there's some job security there.
 
Comment

justinfreid

macrumors 6502
Nov 24, 2009
491
6
NEW Jersey / USA
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_1_2 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7D11 Safari/528.16)

Funny, I bet "numerous complaints" to the contrary wouldn't spur Apple to restore the apps.
 
Comment

SteveSparks

macrumors 6502a
Jan 22, 2008
905
31
St. Louis, MO.
Let the legal games begin!

Now we know what Apple has in store for the billions in cash reserves -- legal fees!! :rolleyes:

I would bet the lawyers are all in-house which would mean that they are more of a fixed cost and part of the budget.

I think the Cash is for a big party when they Take over the World.
 
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aegisdesign

macrumors 6502a
Apr 19, 2005
875
0
Yes, Apple can trickle away a little cash in filing stays. In the meantime, Nokia will continue to lose marketshare and mindshare.

Oh come on. Do we have to have this falsehood repeated in every thread about Nokia?

Nokia is GAINING market share. Apple is LOSING market share because they just don't compete in all the same markets Nokia does. Those are the facts.

'mindshare'?? How do you even measure that?
 
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xIGmanIx

macrumors 6502a
Dec 21, 2008
835
0
until the iPhone supports something other than GSM, i think apple has some risk financially. For all we know, nokia and apple have been trying to resolve this behind the scenes. Of course everyone rush to defend apple and claim that nokia is looking to make a quick buck. I think they just expect payment for their portion of the technology the iPhone uses, which on the surface sounds legitimate to me.
 
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Vulpinemac

macrumors 6502a
Nov 6, 2007
677
0
until the iPhone supports something other than GSM, i think apple has some risk financially. For all we know, nokia and apple have been trying to resolve this behind the scenes. Of course everyone rush to defend apple and claim that nokia is looking to make a quick buck. I think they just expect payment for their portion of the technology the iPhone uses, which on the surface sounds legitimate to me.

... until you realize that Nokia is asking almost twice as much money and cross-licensing privileges from Apple as they are from anybody else.
 
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Matti

macrumors regular
Nov 25, 2007
109
0
... until you realize that Nokia is asking almost twice as much money and cross-licensing privileges from Apple as they are from anybody else.

Until you realize that that is only Apple's claim, and in no way verifiable with publicly availeable information.
 
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aegisdesign

macrumors 6502a
Apr 19, 2005
875
0
If Apple plead that in its Answer, it would be inadvisable if it lied to the court.

Apple didn't plead that though.

They said Nokia asked for twice what it asked for previously.

There's no figures on what Nokia asked the first time, no figures on what Nokia asked other companies and no details about what Nokia asked for in a split of patents/fees. We can't possibly know if what what Nokia asked for from Apple or Samsung, Sony, RIM... and I suspect we never will. Matti is spot on.
 
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