Apple countersues Nokia in patent squabble

Stephen Withers
Monday, 14 December 2009 09:14

IT Industry - Strategy

Nokia to Apple: 'The iPhone infringes ten of our patents.' Apple to Nokia: 'It does not - but you're infringing 13 of ours!'

Back in October, Nokia took legal action against Apple, claiming that the iPhone infringed ten of the company's patents concerning various aspects of the operation of mobile handsets.

Now Apple is counter-suing, claiming Nokia is infringing 13 of the iPhone maker's patents.

"Other companies must compete with us by inventing their own technologies, not just by stealing ours," said Bruce Sewell, Apple's general counsel and senior vice president.

That seems to echo what a Nokia executive said at the time its complaint was filed: "The basic principle in the mobile industry is that those companies who contribute in technology development to establish standards create intellectual property, which others then need to compensate for," said Ilkka Rahnasto, vice president, legal & intellectual property at Nokia.

"Apple is also expected to follow this principle. By refusing to agree appropriate terms for Nokia's intellectual property, Apple is attempting to get a free ride on the back of Nokia's innovation," added Rahnasto.

Nokia alleges all iPhone models infringe the company's patents covering wireless data, speech coding, security and encryption as used in devices compatible with the GSM, UMTS (3G WCDMA) and wireless LAN standards.

Apple alleges the Nokia E71, 5310 and N900 infringe its patents. In addition, it claims Nokia's patents are invalid and that it hasn't infringed them anyway.

Technology companies seek as many patents as they do for defensive as well as offensive purposes. A strong patent portfolio can make it easier to negotiate a settlement when faced with a patent infringement action.