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

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.

Top Rated Comments

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29 months ago
Let the legal games begin!

Now we know what Apple has in store for the billions in cash reserves -- legal fees!! :rolleyes:
Rating: 0 Positives / 0 Negatives
29 months ago
I feel like these patent battles end up absolutely no where in the long run.
Rating: 0 Positives / 0 Negatives
29 months ago

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 )
Rating: 0 Positives / 0 Negatives
29 months ago

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.
Rating: 0 Positives / 0 Negatives
29 months ago

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.
Rating: 0 Positives / 0 Negatives
29 months ago

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?
Rating: 0 Positives / 0 Negatives
29 months ago
By the time the litigation is over, the offending patents will be old technology and moot.
Rating: 0 Positives / 0 Negatives
29 months ago
Don't insurance companies pay a part of the lawsuit fees? Company being sued pays a deductible?
Rating: 0 Positives / 0 Negatives
29 months ago

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:

ยง286. 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.
Rating: 0 Positives / 0 Negatives
29 months ago

By the time the litigation is over, the offending patents will be old technology and moot.


The ITC is very fast. It takes around a year from start to finish.
Rating: 0 Positives / 0 Negatives

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