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

[cmaier]

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.

Where did apple say that? I saw in the pleadings that nokia doubled it's demand over time, and i'm wondering if folks are confusing things.

 

[aegisdesign]

Where did apple say that? I saw in the pleadings that nokia doubled it's demand over time, and i'm wondering if folks are confusing things.

Exactly. That's all Apple have said - that Nokia doubled the figure. At no point have they said it was double what Nokia have asked of other phone manufacturers.

Nokia started with asking for X with some patents totalling Y to equal Z. To me it seems that Apple refused Y so Nokia said ok, 2X = Z. Apple don't like Z either.

But we've no idea what X, Y or Z is and whether Nokia have asked for Z from everyone so the vilification Nokia is getting on here for apparently asking for 2*Z seems unjustified bearing in mind the lack of any evidence - just vague statements in legal claims and counter claims.

 

[sjo]

And the case goes ahead.

Nokia Oyj shouldn’t be found liable of infringing Apple Inc.’s patents, the staff of the U.S. International Trade Commission said as a trial started.

“The evidence will not establish a violation” of Apple patent rights, the staff, which acts on behalf of the public as a third party in the case, said in a pre-hearing memo released yesterday.

http://www.bloomberg.com/news/2010-...t-of-itc-staff-in-apple-smartphone-trial.html

Maybe Apple is more willing to find a compromise in negotiation table than to go on in the courts now.

 

[kdarling]

I don't believe that Apple ever used the phrase "twice as much" or "double".

What Apple claimed in their countersuit (read the PDF here) was that Nokia demanded "unjustifiable royalties and reciprocal licenses to Apple's patents".

Nokia also did not mention any specific prices in their lawsuit. They asked for a jury to decide what fees are Fair and Reasonable.

=============== UPDATE ==================

EDIT: The reason I didn't remember Apple saying anything about "double", was because they didn't. They said "triple" instead !!

So I had a nagging feeling, and went back to check.

Paragraph 82 of Apple's response says:

Approximately a year later, in or about May 2009, Nokia demanded a royalty approximately three times as much as the royalty proposed the prior spring, which was itself in excess of a F/RAND rate, as well as “picks” to Apple’s non-standards-essential patents.

.

 

[gcarlo748]

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 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

not to mention blackberry, he he, here comes the blackberry, who has been the original in smart phone applications such as mobile 2.0 platform