Nokia recently filed a brief with the U.S. federal appeals court supporting Apple’s bid to block the sale of Samsung products that a jury found to be in infringement of certain Apple products. Although the brief doesn’t officially offer support for either party, it argues that Apple vs. Samsung Judge Lucy Koh’s decision to deny a permanent injunction request lodged against the Korean company following the trial could set a “dangerous precedent.”
The brief itself is currently sealed but an accompanying motion supplies an overview of Nokia’s argument as noted by Reuters. The company is questioning Judge Koh’s December ruling which required a patent holder to first establish a “casual nexus” between a patented feature and customer demand before securing a permanent injunction against offending products. Nokia asserts that if such a precedent were set, the ability of patent holders to obtain sales bans would be crippled. The summary filing states the following:
The “causal nexus” requirement as applied by the district court here, making the evidentiary standard for obtaining a permanent injunction so burdensome and strict that it may rarely, if ever, be met, will essentially lead to a compulsory-licensing system wherein patent holders are forced to license patented technology to competing firms, which could in turn harm incentives to innovate.
Nokia is thus both a significant patent owner that might seek an injunction to protect its patent rights, and a manufacturer in an industry in which patent owners routinely issue threats of injunctions for patent infringement.