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German patent firm wins part of battle vs Nokia
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German patent firm wins part of battle vs Nokia
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By Tarmo Virki, European Technology Correspondent
PARIS (Reuters) - The German patent court ruled on Wednesday IPCom's key patent was valid, putting the German firm's legal battle against cellphone makers Nokia and Taiwan's HTC on track.
The patent...
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By Tarmo Virki, European Technology Correspondent
PARIS |
Wed Dec 1, 2010 11:18am EST
PARIS (Reuters) - The German patent court ruled on Wednesday IPCom's key patent was valid, putting the German firm's legal battle against cellphone makers Nokia and Taiwan's HTC on track.
The patent court decided IPCom's key patent 100, which relates to connecting phones to networks, was valid in its amended form.
Nokia and IPCom have been fighting in several courts for the last four years over the patents and their validity as Nokia has said IPCom's licensing fee demands are 'excessive' and 'unjustifiable.'
Last December a district court in Mannheim, Germany said Nokia and HTC were using technologies patented by IPCom, but put on hold a request for injunctions to ban the sale of the two company's handsets in Germany pending decisions on the validity of the patents.
Nokia said on Wednesday, and HTC has said earlier, the changes to patent made during the patent court demand starting the legal cases over infringement from scratch.
"Nokia believes that the one claim which has survived so narrows the patent as to require re-examination of alleged infringement from scratch," said Nokia spokesman Mark Durrant.
"It's effectively a new patent," Durrant said, adding the Finnish firm was confident it did not infringe the new patent.
IPCom acquired Bosch's mobile telephony patent portfolio, created between the mid-1980s and 2000, which includes about 160 patent families worldwide, including some of the key patents in wireless space -- such as the patent 100, which standardizes cellphones' first connection to a network.
IPCom has licensed the patents to three companies, including major names in the industry.
"We are now confident that the injunction against Nokia and HTC will now come to a conclusion we have been fighting for years," said IPCom's director Christoph Schoeller.
"Nokia and HTC have not paid a cent for their use of these patent over many years -- this position is no longer sustainable," he said.
IPCom has estimated the legal battle has cost Nokia around 100 million euros ($130.9 million) so far.
(Editing by Louise Heavens)
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Comments (1)
ulludapattha wrote:
“Nokia and HTC have not paid a cent for their use of these patents over many years — this position is no longer sustainable,” he said.
IPCom has estimated the legal battle has cost Nokia around 100 million euros ($130.9 million) so far.”
Very interesting indeed! If this one legal battle alone has cost Nokia around 100 million euros, then the amount of royalty due to IPCom must run into billions of euros if according to IPCom Nokia has not paid a cent for the use of the patents for many years!
This just goes to prove the extent to which mobile phone makers are prepared to squander their hard earned money on litigation expenses alone. One would imagine that the world’s largest mobile phone maker, Nokia, which is presently struggling hard to maintain its market share in all segments of the business would have better use for this money. And it also has an ongoing patents war with Apple. How much has that war cost so far? Not to speak of the other patent battles with others.
Is this mobile patents litigation explosion getting out of control? Is there any sense at all in throwing away all that good money on long drawn legal battles? Eventually, the consumer foots the bill in the form of expensive phones. It makes no sense at all on the one hand to feed an army of lawyers and then lay off thousands of R&D engineers simultaneously just as Nokia has been doing for many years now. No wonder then that Nokia’s phones are lagging behind in design and technique. Lawyers don’t make phones.
Nokia’s new CEO Stephen Elop needs to have a close look at this cash depleting hole and plug it before Nokia’s treasure chest empties completely.
Dec 01, 2010 1:57pm EST -- Report as abuse
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