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Finding winner of Nokia vs Apple legal battle could take years; Apple counter-claim expected
Friday, November 06, 2009 - 10:43 AM EST

Run Windows on Mac OS X with no reboot!"Finding a winner in the battle between Nokia, the world's largest cellphone maker, and iPhone maker Apple could take years unless they agree on a licensing deal outside the courtroom," Tarmo Virki reports for Reuters.

"On Oct 22, Nokia accused U.S.-based Apple of hitching a 'free-ride' on the Finnish company's technology investments," Virki reports. "Nokia filed its suit in the District Court of Delaware, United States, saying Apple had infringed 10 patents in technologies like wireless data transfer... The patents also cover speech coding, security and encryption, and are infringed by all iPhone models shipped since the iPhone was introduced in 2007, Nokia said."

Virki reports, "The case is expected to last 2-3 years, and analyst estimates for compensation Nokia is seeking range from $200 million to $1 billion."

"Apple is expected by analysts and lawyers to countersue, in which case the two suits could be merged," Virki reports. "'I would not be surprised to see a counter-claim from Apple citing patents it owns that it believes Nokia is infringing,' said Ben Wood, research director at CCS Insight. 'This type of tit-for-tat approach has occured in previous patent battles as each player tries to improve its negotiating position.'"

Virki reports, "It is unlikely someone could make a mobile phone without using technologies Nokia has patented, but lawyers said that would not prevent Apple questioning the patents. Apple could ask patent office to invalidate the patents or to review them in the U.S. Patent Office, where interparty re-examination could take 6-7 years. 'It would definitely cause a ripple in the industry if Apple were to invalidate those patents. Where would it put all the other companies?' patent lawyer Alton Hornsby from law firm Merchant & Gould said."

Virki reports, "Nokia has cross-licensing deals with 40 companies, including all top cellphone makers but Apple."

Read more in the full article here.

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Nov 06, 09 - 10:51 am Comment from: January 24, 1984

Nokia sees its own decline......

Nov 06, 09 - 10:54 am Comment from: R2

Hurry up and release those multi-touch phones you're sitting on, Nokia. Steve is waiting.

Nov 06, 09 - 11:00 am Comment from: Jubei

Nokia has no answer for the iPhone. Nokia can't build anything close to the iPhone. Nokia decides to sue rather than compete. Nokia = FAIL.

Nov 06, 09 - 11:16 am Comment from: Not a Lawyer

Aren't the cell phone functions handled by third party chips? Aren't those third parties already paying Nokia license fees?

Nov 06, 09 - 11:25 am Comment from: So Su(o)mi

Boycott Nokia and all things Finland, until either the suit or the company is Finnished.

Nov 06, 09 - 11:29 am Comment from: X

Rip NOKIA a new asshole!

Nov 06, 09 - 11:31 am Comment from: KenC

Exactly! Wouldn't the chip companies that make the cell radio, etc already be paying those licensing fees to Nokia? So, why would Apple pay them again? Apple is, only putting together off-the-shelf hardware components, like it did with the iPod.

Nov 06, 09 - 11:32 am Comment from: Hotinplaya

I'm in ?? What else does Finland have to boycott ??

Nov 06, 09 - 11:40 am Comment from: Rob

@So Su(o)mi
Ha, ha, ha, ggod one, they are Finnished.

Nov 06, 09 - 11:59 am Comment from: spyinthesky

Well pickled herrings are of my menu, or is that only Sweden? In which case I would only be hitting Ericsson. Must admit I rather think that this may be an attempt by Nokia to get entry to some iPhone patents re multi touch, don't think that is likely to happen somehow Nokia.

Nov 06, 09 - 12:31 pm Comment from: Mac-nugget

"We're the only company that owns the whole widget -- the hardware, the software, and the operating system. We can take full responsibility for the user experience. We can do things that the other guy can't do."

– Steve Jobs 2002

Nov 06, 09 - 12:44 pm Comment from: RealityCheck

I think it's time for a reality check here..

Firstly, if somebody infringed Apple's iPhone patents you would want that party to be on trial ASAP, that's why its hard to believe that behind these comments there would be any substance, it's really pure mac fanboyism and maybe a feeling of being hurt when somebody "dares" to sue Apple for patent infringement.

Nokia is not trying to stop sales of the iPhone and isn't even asking for money damages beyond interest on past due royalties, it just wants a fair license rate for its patents as would Apple if the situation would be reversed.

Apple and Nokia have been talking about this issue for a long time already and as stated in the article Nokia has cross-licensing deals with 40 companies, including all top cellphone makers but Apple.

Nokia has far and away the most patents judged essential to the operation of GSM, UMTS and WiFi, now..the patents involved might not "sound" as sexy as some cool patents regarding iPhones UI and multi-touch, but they have nontheless required lot of time and money for Nokia. If Apple uses these patents, then they should pay for them, no question about it.

These 10 patents are rock-solid, the ones that simply can't be avoided by GSM, UMTS, or WiFi devices. Based on probability alone, it's almost certain that the iPhone infringes at least some of those 10 patents.

iPhone has been a huge success and it's almost certain that some cell phone vendor will try to use Apple's iPhone patents without permission, so Apple will ultimately be a net winner even in the war of patents.

Nov 06, 09 - 01:04 pm Comment from: I'm a PC

It just to show how CRAPple's photocopiers are always on and looking to steal other companies ideas and technologies. Once a while Microsoft bring out innovative ideas/products while CRAPple copies.

http://www.bing.com When it comes to decisions that matter, Bing & Decide

Nov 06, 09 - 01:17 pm Comment from: KenC

Trying to make Nokia seem like the good guy is nonsense. They dragged their feet and fought Qualcomm all the way when they were infringing on Qcomm's patents. Turnaround is fairplay.

Nov 06, 09 - 01:39 pm Comment from: M

how does nokia have a patent on wifi? it's a standard

Nov 06, 09 - 03:00 pm Comment from: NCG598

Well if Apple believes it has a case against Nokia or that patent and technology developed may have bearing on it's iPhone royality, then Apple should use the court system to settle it. Just as Nokia is doing.
The best way to clear the questions out is to recieve a definitive answer- legally.
I think it is fair and the fact that Apple has the funds to do so is also a factor in Apple decision to move forward.
I would do the same, if in question or the parties has different view points.

Nov 06, 09 - 05:43 pm Comment from: 6Tacos

Who is to say the reason Apple is not paying because the licensing fee may not be fair? I don't see Nokia holding a sign saying "License Fee only $$". Heck! Nokia could be charging Apple twice as much for the licensing fee that other companies are paying for all we know. In my opinion going to court might be the best way to have a fix rate on this particular licensing fee.

Nov 06, 09 - 06:23 pm Comment from: Mac Dev Vet

Apple is too great to license patented technology. 40 other suckers did that but Apple does not have to. Suck it, Nokia!

Nov 07, 09 - 10:22 am Comment from: Joe S.

There are going to be lawyers driving some nice new MBs and BMWs when this is done. They will have nice college funds saved for their kids.

Nov 07, 09 - 11:50 am Comment from: @MacDevVet

"Apple is too great to license patented technology. 40 other suckers did that but Apple does not have to. Suck it, Nokia!"

Will you feel the same when other companies states the same thing about Apple licensed technology?

Yeah, didn't think so ...

Nov 08, 09 - 03:08 pm Comment from: twilightmoon

RealityCheck

your post is all well and good but we have no proof any patents were violated, nor that Nokia did not already get licencing fees for networking chips inside the iPhone.

Let's wait until we get some verified facts before we jump to hasty conclusions.

Nov 10, 09 - 06:43 am Comment from: Clark

Apple sucks! They are so protective of their "apple" trademark that they've sued tens of companies, incl. the Beatles. Also most recently they file a trademark complaint against a supermarket chain in Australia for their new logo, which is an apple but no where near the same. So suck it in Apple! Nokia is going to take $2bn from Apple for knowingly using their patents. These patents were secured back in the days when Apple didn't know it's ass from it's head and certainly had no idea how to make a mobile phone. iPhone could not have been built without using the patented technology but they didn't want to pay for it. Well now it's time to pay! haha!

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