Apple Answers Nokia with own Smartphone Patent Claims

As expected (see Laws of .Com, Vol VII, Issue 16), on December 11, 2009, Apple, Inc. answered Nokia Corporation’s complaint in the U.S. District Court for the District of Delaware (Nokia Corp. v. Apple Inc. , 09cv791, U.S. District Court, District of Delaware (Wilmington)) with its own claims that Nokia is infringing 13 of Apple’s patents related to smart phone technology, and denying its own infringement of Nokia’s patents.

The originating Nokia complaint and corresponding press release provides that Nokia’s patents are offered on fair, reasonable and non-discriminatory terms (or in some cases reasonable and non-discriminatory terms, F/RAND terms), as such Apple can avoid injunctive relief by agreeing to the F/RAND terms. However, Apple does not appear to be prepared to grant licenses to its technology on a similar basis. In its press release, Apple’s General Counsel, Bruce Sewell, states, “[o]ther companies must compete with us by inventing their own technologies, not just by stealing ours.”

The argument alluded to in the court and press documents is whether an innovator which benefits from a set of community standards is required to contribute its innovation back to that community as a condition of entry. In the backdrop to both suits is the rise of market share for Apple’s iPhone in the lucrative smart phone market, while Nokia’s share has fallen.

For the Apple Press Release, visit:

http://www.apple.com/pr/library/2009/12/11countersue.html

For additional information, visit:

http://www.businessweek.com/technology/content/dec2009/tc20091212_551557.htm

http://tinyurl.com/y8mjplz

For a copy of Nokia’s complaint (without exhibits), visit:

http://www.heydary.com/internet-laws/Nokia%27s-Claim.pdf

For Apple’s answer to Nokia’s claim, visit:

http://www.heydary.com/internet-laws/Apple-Answer.pdf

Volume VII

Apple Answers Nokia with own Smartphone Patent Claims