Nokia has sued Apple in both the united STATES and Germany for infringement of 32 different patents covering inventions in the areas of display, user interface, software, antenna, chipset, and video encoding. It announced Nokia in a press release yesterday.
This is still just the beginning, when Nokia alerts further legal proceedings in any other jurisdiction.
Although Nokia has stopped making phones on their own, the company owns, directly and indirectly, tens of thousands of patents that affect, among other things smartmobiler and pcs.
In addition to the patents that Nokia itself is behind, the portfolio has been expanded through the acquisitions of the NSN (Nokia Siemens Networks) and Alcatel-Lucent.
Did agree
Nokia, the company entered into a license agreement with Apple in 2011 about some of the patents in Nokia’s portfolio. But according to Nokia, Apple has subsequently rejected the later offer licensing of patented inventions that Nokia believes is in use in many of Apple’s products.
Ilkka Rahnasto, head of Nokia’s patentvirksomhet, says in the press release that the companies have negotiated for several years without a to agree.
In a court document that Nokia has sent to distriktsdomstolen in the Eastern District of Texas, Marshall Division – as Ars Technica has made available here – it goes out that very many of Apple’s products are covered by the lawsuit, including all iPhone models back to the 3GS, in addition to several iPad models, iPod Touch, Apple Watch, Apple TV and Apple’s “Find My iPhone/iPad/iPod”services.
Last lap: Apple will pay compensation to Nokia
But Apple defendant first
According to the Ars Technica also has Apple sued Nokia. It should have happened already on Tuesday this week. Also this lawsuit is about patents, but is an antitrust lawsuit. Apple accuses Nokia to have transferred a huge number of patents to companies like Acacia and Conversant, that enforces these for the Finnish company.
According to Apple’s complaint, these “mercenaries” – as Apple calls them – and Nokia together conspiring for the use unfair and anti-competitive business practices patentpåstander to taxing innovation to oems in an inappropriate way.
Apple believes that Nokia does not comply with the company’s obligations to license out standardessensielle patents with FRAND conditions (Fair, Reasonable, And Non-Discriminatory).
also Read: Samsung may not pay giganterstatning to Apple yet
Increased costs and market power
Apple’s lawyers write in the complaint that, in connection with the transfer of the patents to the PAE’s (Patent Assertion Entity), Nokia has agreed with each of them that they all, each for himself, to enforce his part of the spread portfolio could collect the most royalties from product providers.
Because the product vendors no longer can negotiate with only one party on each royalty, but must relate to a number of different claims against the same products, increases costs for suppliers. Apple believes, moreover, that the PAE may not have any interest to enter into krysslisensieringsavtaler, since they themselves do not produce anything.
Apple believes that this together increases the markedsmakten to both Nokia and mercenaries, as well as that situation has led to or reinforced monopolmakten related to these patents.
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