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  • Apple Strikes Back at Nokia, Demands Import Ban
    by
    Paul Daniel Ash
    Published on 01-16-2010 10:47 AM
    26 Comments Comments


    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. battlecrushr's Avatar
      battlecrushr - 01-16-2010, 10:51 AM
      lets go appl;e
    1. TheSkepticalGuy's Avatar
      TheSkepticalGuy - 01-16-2010, 11:40 AM
      This is going to get ugly.
    1. unlockingsky's Avatar
      unlockingsky - 01-16-2010, 11:46 AM
      nokia lost my patronage when they decided to have language barrier for each region. e.g. i can't use chinese on a phone bought in usa. especially to access chinese and japanese websites.

      go apple!
    1. awesomeSlayer's Avatar
      awesomeSlayer - 01-16-2010, 01:37 PM
      More ugliness...Go Apple!
    1. ty22's Avatar
      ty22 - 01-16-2010, 02:44 PM
      Plain and simple... Nokia's suck!!! They are taking up room on the shelves. Nokia just can't deal with the fact that they fail!

      Quote Originally Posted by pauldanielash View Post

      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.
      Oh so thats why the iPhone's reception sucks and the wifi drains the battery.
    1. unison999's Avatar
      unison999 - 01-16-2010, 03:18 PM
      Figures.
      I love seeing big companies fight each other.
      If you can not win the fight, bring more allegations and lawsuits to over burden the courts. Not only will it hide the guilt from observers, it also create cost hoping the other guy will drop the charges.
      I hope Apple loses, Judge award Nokia with lots of money include percentage of all the previous and all future sales of Apple product (include tablet). Maybe Apple will develop their own technology for what they need.

      Quote Originally Posted by ty22 View Post
      Plain and simple... Nokia's suck!!! They are taking up room on the shelves. Nokia just can't deal with the fact that they fail!



      Oh so thats why the iPhone's reception sucks and the wifi drains the battery.
      Without Nokia iPhone would not exist.
      If it drains the battery so much why don't you tell Apple not use it. Basically become ipod without phone and wifi support, would developers still chose ipod to make apps on? Doubt it because the equipment would not be as popular as now, not much users not much sales for apps.
      Would you choose ipod over Nokia's phones? I can honestly say I would not own 1 apple product if that happens.
    1. ty22's Avatar
      ty22 - 01-16-2010, 03:30 PM
      Quote Originally Posted by unison999 View Post
      Without Nokia iPhone would not exist.
      Explain?
    1. MetallicaFan1991's Avatar
      MetallicaFan1991 - 01-16-2010, 06:02 PM
      Quote Originally Posted by ty22 View Post
      Explain?
      Well Nokia made phones before Apple and if Nokia are suing Apple for infringement, Apple must have stolen some ideas from Nokia.

      This patent war is pretty stupid and childish in my opinion, I just think all these companies are jealous of the iPhone but I still like Nokia.
    1. creasy425's Avatar
      creasy425 - 01-16-2010, 07:10 PM
      me thinks someone at both companies just needs a hug.....you can't really blame S. Jobs for stealing from another company, he had the master as his teacher (willy G)
    1. adsonjustin's Avatar
      adsonjustin - 01-16-2010, 07:30 PM
      interesting...
    1. unison999's Avatar
      unison999 - 01-16-2010, 08:43 PM
      Quote Originally Posted by A.T View Post
      Well Nokia made phones before Apple and if Nokia are suing Apple for infringement, Apple must have stolen some ideas from Nokia.

      This patent war is pretty stupid and childish in my opinion, I just think all these companies are jealous of the iPhone but I still like Nokia.
      Other phone company pays Nokia and give credit where it is due why won't apple? Apple patents bunch of stuff from what I see on the home screen in this site, so they believes in patents protecting them...
      So basically Apple believes "protect my patents and screw all others".

      Quote Originally Posted by ty22 View Post
      Explain?
      Nokia: Everything Apple Makes Infringes Our Patents
      Read that one for the accusations.
      If you read further they even reluctantly admit that they did it by saying "Nokia had not offered fair licensing terms".
    1. bengo's Avatar
      bengo - 01-16-2010, 08:58 PM
      Quote Originally Posted by ty22 View Post
      Explain?
      Nokia holds patents for GSM implementation among other things. Apple is using that technology, but is not paying for a license, since they don't like the license terms.

      If it wasn't for Nokia, I think the iPhone would still exist, but not on AT&T, and it would be CDMA / EVDO.
    1. unison999's Avatar
      unison999 - 01-16-2010, 09:01 PM
      Quote Originally Posted by bengo View Post
      Nokia holds patents for GSM implementation among other things. Apple is using that technology, but is not paying for a license, since they don't like the license terms.

      If it wasn't for Nokia, I think the iPhone would still exist, but not on AT&T, and it would be CDMA / EVDO.
      They will have to use GSM sooner or later, if it is not the U.S. market they will need it for foreign market.
      They should just pay the license fee and everyone would be happy.
    1. bengo's Avatar
      bengo - 01-16-2010, 09:09 PM
      Quote Originally Posted by unison999 View Post
      They will have to use GSM sooner or later, if it is not the U.S. market they will need it for foreign market.
      They should just pay the license fee and everyone would be happy.
      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!
    1. rhekt's Avatar
      rhekt - 01-16-2010, 09:17 PM
      15 months. we will have an iphone 5Gs by then
    1. cpkirkley's Avatar
      cpkirkley - 01-16-2010, 10:20 PM
      The ONLY reason that apple would file this suit is to muddy the waters and drag out the decision long enough to get another launch day off before having to pay the fees.

      Smart play, but its still a **** move.
    1. bruinsrme's Avatar
      bruinsrme - 01-16-2010, 11:30 PM
      Quote Originally Posted by rhekt View Post
      15 months. we will have an iphone 5Gs by then
      I don't think it matters if the 5G or 10g is out, the infringement is still occurred.
    1. cpkirkley's Avatar
      cpkirkley - 01-17-2010, 08:03 AM
      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.
      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.
    1. brandonmarback's Avatar
      brandonmarback - 01-17-2010, 09:06 AM
      I'm rooting for Nokia here. Apple uses its patents as weapons against other companies. That's the reason the Droid can't be sold in the US with a multitouch web browser. It's about time somebody showed Apple what it's like when someone else tries to stifle their product's technology with patent law. Apple is about as evil as it gets with patents.
    1. ty22's Avatar
      ty22 - 01-17-2010, 11:46 AM
      Quote Originally Posted by cpkirkley View Post
      The ONLY reason that apple would file this suit is to muddy the waters and drag out the decision long enough to get another launch day off before having to pay the fees.

      Smart play, but its still a **** move.
      Good point. This may be a sign that apple will release a iPhone sooner than the summer!



      BTW: I do think this whole thing is childish like A.T said. I think people should stop fighting over who thought of something first, they are just ideas, there is an infinite amount of them to go around. Hey, ideas get around, take some, give some, and stop crying and think of some new stuff. Business is a brawl.
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