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  • Apple Strikes Back at Nokia, Demands Import Ban

    Apple on Friday retaliated against Nokia's demand that the US International Trade Commission (ITC) ban all imports of iPhones by filing its own complaint with the ITC. Apple, similarly, wants to block imports of Nokia's phones to the US, claiming that they infringe Apple patents. Nokia insists it will "defend itself vigorously" against the complaint.

    The latest move in the escalating tit-for-tat conflict brings Apple even with Nokia. Nokia sued Apple in October, and Apple sued Nokia back. Nokia opened a broader lawsuit, saying that almost all Apple products incorporated some of Nokia's technology, including camera sensors and touchscreens, and called for an import ban of all iPhones - which are manufactured in China - to the US. Apple has accused Nokia of suing Apple because it couldn't compete fairly in the free market. Nokia, for its part, says that Apple has gotten a "free ride" on the Finnish phone maker's research and development efforts.

    Nokia will study the complaint when it is received and continue to defend itself vigorously. However, this does not alter the fact that Apple has failed to agree appropriate terms for using Nokia technology and has been seeking a free ride on Nokia's innovation since it shipped the first iPhone in 2007.
    Industry observers believe that this whole dispute boils down to an extremely byzantine negotiation over royalties that Nokia feels it is owed patents Nokia says are "essential" to using GSM, UMTS (the 3G technology used in the iPhone), and WiFi. Many other phone manufacturers have come to agreement with Nokia for what are referred to in the industry as "fair, reasonable, and non-discriminatory" licenses for the technology. The fact that Apple hasn't used its humungous mountain of cash to just make this conflict go away may indicate that Nokia is asking for too much in royalties, or that Apple is so confident of its position that it feels it can afford to play hardball.

    The ITC is the US government agency that investigates unfair trade practices like patent infringement. If it agrees to consider Apple’s complaint, it could complete the investigation in about 15 months. It has not yet agreed to investigate either Apple's complaint or Nokia's complaint, which was filed on December 29.

    image via Engadget
    This article was originally published in forum thread: Apple Strikes Back at Nokia, Demands Import Ban started by Paul Daniel Ash View original post
    Comments 26 Comments
    1. rhekt's Avatar
      rhekt -
      Quote Originally Posted by bruinsrme View Post
      I don't think it matters if the 5G or 10g is out, the infringement is still occurred.
      my point is that it doesnt matter. Apple is still going to conduct buisness as usual. this wont hinder sales or production.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by cpkirkley View Post
      It still occurred, but if they are on iPhone 5.0 or something, thats 5 revisions of iPhones that they wouldnt have had to pay the royalties on. I doubt that the ruling in Nokia's favor will include all the previous iPhones sold before said ruling. Its not often that fees are made retroactive covering that amount of time.
      Yes normally they do not rule retroactive, reason is the award should have include this. That is why most company sue for insane amount of money to cover this among other things, and gets awarded less than what they wanted.
      Again I hope Nokia wins, Nokia file should more lawsuit at all countries that iPhone sell GSM phone to. Should be easy win with precedence from the win in U.S., Apple should want to settle before the court hears Nokia in these countries.

      Quote Originally Posted by rhekt View Post
      my point is that it doesnt matter. Apple is still going to conduct buisness as usual. this wont hinder sales or production.
      Not if court sees Nokia's way and put a cease and desist to Apple production that includes GSM technology. Apple will have to find a new company to put their phone, Verizon or Sprint. Verizon would take the offer, but because they know Apple is desperate they can get better deal when negotiate. This would also be a hint court would see Nokia's way if they award cease and desist, Apple would be hit in the pockets 3 ways: 1) money spent on parts they can not use. 2) paying the award given to Nokia. 3) going to Verizon they will have weaker deal compare to before lawsuit.
      There is all kinds of bad for Apple, should just pay the license fee.
    1. bedwa's Avatar
      bedwa -
      Quote Originally Posted by bengo View Post
      Of course they should. Everyone else is! But of course, Apple think they're better than anyone else and the rules don't apply to them. If they don't like the license fee, move to CDMA!
      Even if Apple did, they would still have this mess to clean up. The worst part though is that with moving to CDMA Apple would be moving to a dying technology. VZW in the US is moving their 4G network to LTE the 3rd gen in GSM tech as it is. Apple needs to suck it up and figure out a happy medium to pay Nokia that won't undercut themselves, but won't piss Nokia off as well. It's also high time that someone beat them with the "Patent Stick" as they always do.
    1. wissman's Avatar
      wissman -
      So are they going to close Nokia?o0
    1. EdmundGerber's Avatar
      EdmundGerber -
      Apple is so damn childish it's not even funny anymore.
    1. rwin84's Avatar
      rwin84 -
      this is so stupid.