ITC Staff Side With Nokia Regarding Apple's Patent Claims

"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. Apple is asking the ITC to block imports of Nokia phones into the U.S., claiming they are infringing four patents.
In their examination of the case, ITC staff determined that certain aspects of Apple's patents cited in the lawsuit should be found invalid, while other patents have not been infringed by Nokia's devices.A decision from ITC Administrative Law Judge Charles Bullock is due in February, and while he is not required to follow the advice of ITC staff, their findings will clearly carry significant weight in the case.
The ITC has yet to take a position in Nokia's suit against Apple, which is scheduled to go to trial at the end of this month.
Related federal court cases covering the patent dispute have been on hold since March of this year pending the outcome of these ITC lawsuits.
Top Rated Comments
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- Bruce
The ITC tends to move more quickly than federal lawsuits, and with the power to block imports, they have the muscle to force companies to settle their disputes.
So while the threat of blocking imports is there, these disputes almost never reach that point.
ITC clearly is misguided. Though in the end Apple will prove victorious.
- Bruce
In the end, Apple will pay Nokia for the GSM patent licenses it owes, like every other industry player does. There's no going around it.
This was their leverage in their settlement negotiations, it just backfired on them. Remember kids, this was the "me too!" move after Nokia filed with the ITC first and the patent claims were just thrown together in a bid to get some leverage where there is none.
A few UI patents vs the core functionality of the phone ?
Denial is claiming Apple will be victorious. They don't even question they need to pay Nokia, the only problem in negotiations that led to this lawsuit was the price.
So while the threat of blocking imports is there, these disputes almost never reach that point.
Exactly, the ITC won't grant Nokia's motion to block imports either, but their memorandum might give Nokia additional weight in court if they reaffirm their patents (which shouldn't even be a question considering the patents in question).
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