Nokia can't stop suing: Files another ITC complaint against Apple

Nokia can't stop suing: Files another ITC complaint against Apple

Summary: Add it up and Nokia alleges Apple is infringing on 46 patents in its various lawsuits.

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TOPICS: Legal, Apple, Nokia
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Nokia on Tuesday said it filed another complaint with the International Trade Commission alleging that Apple infringes on its patents across its entire product line.

In a statement, Nokia said that latest suit focuses on Nokia's patents "that are now being used by Apple to create key features in its products in the areas of multi-tasking operating systems, data synchronization, positioning, call quality and the use of Bluetooth accessories."

Nokia filed the latest suit after the ITC ruled that Apple didn't violate its patents. Nokia obviously doesn't agree and said it will wait to see the full ruling before figuring out its next steps.

For those of you keeping score at home, Nokia has the following cases going:

  • Two complaints with the ITC;
  • Patent suites filed in Delaware;
  • Cases in Mannheim, Dusseldorf and the Federal Patent Court in Germany;
  • Lawsuits in the U.K. and Netherlands.

Add it up and Nokia alleges Apple is infringing on 46 patents in its various lawsuits.

It has been a bull market for patent lawsuits. Eastman Kodak recently notched a win after the ITC agreed to take a closer look at its patent suit against Apple and Research in Motion. Kodak said it could garner $1 billion in a settlement.

An ITC administrative judge had ruled for Apple and RIM, but now six commissioners will review the case. The final decision is expected in late May.

Related:

Nokia adds Apple's iPad 3G to its lawsuit parade: The 5 patents in question

Topics: Legal, Apple, Nokia

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  • RE: Nokia can't stop suing: Files another ITC complaint against Apple

    Maybe Apple should just buy Nokia, that way they could shutter the company, and fire elop. Funny that right after they get laughed out of court on their first attempt to slow down the iPhone, they drum up an additional 46 bogus patents. I wonder where the money, and incentive are coming from?
    Rick_K
    • Microsoft? ;-)

      @Rick_K

      "I wonder where the money, and incentive are coming from?"

      If I was being serious about this then I'd answer your question with "Microsoft!". After all they did just pay a large some of money to get Nokia to use WP7.

      But I'm not being serious. It's another wait and see case. But it does seem that everyone is suing everyone else over apparent violations.
      DevJonny
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @DevJonny
        <i>If I was being serious about this then I'd answer your question with "Microsoft!". After all they did just pay a large some of money to get Nokia to use WP7.</i>

        So that is why Microsoft invested $1 billion in Nokia? To get rid of the competition? I find it funny that who ever makes a deal with Microsoft, suddenly starts acting more like Microsoft. First there was the Yahoo/Microsoft deal, since that deal went through Yahoo messenger for OS X has stalled, no new development. If I am not mistaken it is still in beta form and has not seen any frothier development. Nokia gets a Billion from Microsoft, and now is going litigation happy against Apple. This reminds meow SCO getting money from Microsoft to fight the ?Good fight? against that Evil Cancer called Linux. I guess when you cannot innovate, you litigate your way into the market.
        Rick_K
      • Rick_K, what's even more interesting is that

        @DevJonny <br>is that when people start hunting witches, they always seem to find them, even though they don't exist.

        This looks to be your problem.
        Will Farrell
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @DevJonny
        [i]According to the press release, approximately 40 other companies, including virtually all leading mobile device vendors, have worked our license agreements with Nokia.[/i]

        That was in the original blog when this started. Why would 40 companies license the tech from Nokia if it was all bogus?

        The apple appologist will just gloss over that fact like it doesn't exist but its a good question to ask!
        Will Farrell
      • @ Will Farrell

        When Nokia first started the suit against Apple, reports were that Apple was trying to negotiate licensing fees but Nokia was demanding higher fees from Apple for the same technology being openly licensed to others (which goes against the norm and agreement for tech/IP submitted for licensing, ie, you're to offer your IP to everyone at a fair/reasonable and similar price without showing favourites)

        Nokia was also supposedly asking for (demanding) access to Apple IP which again differs from standard licensing practice.

        Nokia basically offered "no comment" to that scenario.

        Nokia sees a Golden Goose it wants to pluck and Apple wants the same treatment as other licensees and no doubt feels it shouldn't be unfairly (illegally?) fleeced due to it's success vs others.
        MacCanuck
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @MacCanuck

        Please don't confuse him with facts, they make his head explode. Please note, however, that the only person "glossing over" facts here is Will Farrell.
        DeusXMachina
    • RE: Nokia can't stop suing: Files another ITC complaint against Apple

      @Rick_K

      "I wonder where the money, and incentive are coming from? "

      Well considering that Nokia has been suing MS since long before the MS deal was a twinkle in Elop's eye, the answer would be... Nokia!

      Not that MS wouldn't do it (everybody, including Apple throws lawsuits around), but in this case it wouldn't need to throw it's weight around since Nokia was already throwing it's weight around.

      Usually these sorts of deals are resolved by cross-licensing of IP, but Apple doesn't have much in the way of IP to make a deal with given it's newcomer status to cell phones.

      The popularity of the iPhone makes it less likely that it would actually get shut out of the U.S. market regardless of the claims. Just look at how quickly RIM was turned back on when all those government officials crackberries stopped working.
      SlithyTove
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @SlithyTove
        <i>Usually these sorts of deals are resolved by cross-licensing of IP, but Apple doesn't have much in the way of IP to make a deal with given it's newcomer status to cell phones.</i>

        Did you read the original suit documents? Nokia wanted to charge AApple anywhere between 5 and 10 time what they charge Motorola, HTC etc, and have a perpetual license to all of Apple?s IP. This was the sticking point. Nokia basically was offering a protection scheme: ?You hand over a license to all of your IP (For all products), and pay us what we ask, or we?ll sue? is the basic claim.
        Rick_K
      • Will everybody quit picking on Apple!!

        @Rick_K
        My god this is APPLE we're talking about here - they are all what is good in this world they would NEVER steal IP, EVER!!

        I can't take it anymore, these "haters" saying mean things about apple!! I just want to cry -
        Will Farrell
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @Will Farrell So you think it's okay for Nokia to charge Apple 10x the licensing fees they charge everyone else AND have a license to ALL of Apple's IP (which is something they didn't try with anyone else)? Oh let me guess it's only because it's Apple.

        And if this was Microsoft, Samsung, HTC, or Motorola that Nokia was attempting to rob like this I'd be asking the same thing. And if you recall Nokia was told by the ITC that Apple did not violate any of their patents... This is either sour grapes, envy, or spurred on by Microsoft in an attempt to level the playing field and put a hurt on the popularity of iOS.
        athynz
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @Rick_K

        <i>Did you read the original suit documents? Nokia wanted to charge AApple anywhere between 5 and 10 time what they charge Motorola, HTC etc, and have a perpetual license to all of Apples IP</i>

        And, from what I understand of the original suit the reason they were asking for so much more is precisely because Apple, unlike Motorola, did not have much in the way of useful phone IP to cross-license. Virtually all of Apples real patent IP is related to software rather than hardware and software patents don't usually stand up very well and are thus not as useful as a bargaining chip.

        <i>Nokia basically was offering a protection scheme: You hand over a license to all of your IP (For all products), and pay us what we ask, or well sue is the basic claim. </i>

        That pretty much describes the entire patent system: it's either a "protection racket" or a "competition kill."

        It's no different than Apple trying to use some of its more dubious patents to shut down anyone else building touch screen devices.

        Apple wants to legally prevent its competition from being able to compete and Nokia is asking an arm and a leg for "protection". Welcome to corporate warfare.
        SlithyTove
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @SlithyTove

        And please post a single example of Apple doing that. Hint: Apple has never claimed to have patented multitouch, so you can give up on THAT false meme right off the bat.
        DeusXMachina
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @DeusExMachina

        There are dozens in the Apple vs HTC and Apple vs Samsung lawsuits. I'm sure you know where google is, but here is one for you:

        Patent #7,657,849: Unlocking A Device By Performing Gestures On An Unlock Image

        Yep, that's a silly patent designed to try and make it impossible to make a rational touch-screen device.

        Apple is a highly litigious company. Again, welcome to corporate warfare.
        SlithyTove
    • RE: Nokia can't stop suing: Files another ITC complaint against Apple

      @Rick_K

      Here Steve Jobs about suing HTC:
      "We can sit by and watch competitors steal our patented inventions, or we can do something about it. We've decided to do something about it," said Steve Jobs, Apple's CEO. "We think competition is healthy, but competitors should create their own original technology, not steal ours."

      Maybe somebody at Nokia thinks like Steve Jobs. On the other hand, if you have seen some patents, patents are made in a way that they cover a maximum area in a vague manner. That is the reason why the owner of the patent (Apple, Nokia, whoever) always sees it in the most broad way. If these patents were licensed by other people, but Apple did not want to pay, but used them anyway. I guess they broke the law. Then again, the whole patent system is flawed, if there are multiple ways to understand these documents.

      Maximus
      Maxi J
  • None of which were invented by Nokia

    And none of the things listed were invented by Nokia.

    I'm beginning to think there is negative value in patents, not just limited value.
    guihombre
  • Nokia suit info

    for the Apple hating whiners (you know who you are).

    As reported in various articles...

    http://www.techcrunch.com/2009/12/11/apple-nokia-lawsuit-copy-phone/

    http://techcrunch.com/2009/12/11/apple-nokia-patent-dispute/

    http://www.businessweek.com/globalbiz/content/oct2009/gb20091022_488948.htm

    http://www.roughlydrafted.com/2009/12/11/the-real-patent-story-behind-apple-vs-nokia/

    Some have an irrational hatred for Apple and anything it does or produces, especially since it often leads the way (see all the iPhone wannabes and Windows 7).

    Nokia is no angel here and any rips on Nokia are well deserved re this suit and it's "reported" attempts to extort money from Apple.

    [b]NOTE... Nokia has not refuted Apple's claim, or if it has, it's been very quiet and not reported which in a PR war, wouldn't make sense. If Apple's claim is not true, why not say so on Nokia's part? Doesn't mesh with original high profile charge re Apple.[/b]
    MacCanuck
  • RE: Nokia can't stop suing: Files another ITC complaint against Apple

    How quaint you all think it's unfair for Nokia to charge differently depending on the success of a company. Insurers do this all the time, and life and death rides on their decisions, not just some yuppies toy. That's why companies get group rates while the unemployed can't get affordable health insurance. Get a grip. That's Capitalism and fairness isn't a relevant concept.
    rkatcher
    • RE: Nokia can't stop suing: Files another ITC complaint against Apple

      @rkatcher

      Please reread Adam Smith before making declarative statements about an economic system (capitalism) you CLEARLY do not understand. And while you're at it, you might want to bone up on patent law. Hint: it does not work like insurance law.
      DeusXMachina
      • RE: Nokia can't stop suing: Files another ITC complaint against Apple

        @DeusXMachina

        Adam Smith: "He generally, indeed, neither intends to promote the public interest, nor knows how much he is promoting it . By preferring the support of domestiek to that of foreign industry, he intends only his own security; and by directing that industry in such a manner as its produce may be of the greatest value, he intends only his own gain... " Nokia seeks it's own gain. It cares not about the well being of Apple or Microsoft or anyone else. Greed in ones self interest is the essence of Capitalism...as expressed by Mr. Smith himself.
        rkatcher