Apple, Nokia continue tit-for-tat scrap

Stephen Withers
Monday, 18 January 2010 02:16

Your IT - Mobility

The patent scrap between Nokia and Apple continues, with the iPhone maker also taking moves to block its opponent's products from the US.

In October 2009, Nokia alleged that Apple's iPhone infringed ten patents held by Nokia concerning various aspects of the operation of mobile handsets.

Apple counter-sued in December 2009, claiming Nokia was infringing 13 of its patents.

The just as the year approached its close, Nokia lodged a complaint with the US International Trade Commission (ITC), claiming that ten Nokia patents are infringed by "virtually all" of Apple's iPhones, iPods and Macs.

The ITC is able to block the import into the US of infringing products, and its hearings generally result in a decision being reached in less time than a civil court would take.

This makes a well-founded ITC complaint a serious weapon when two companies are involved in a patent dispute. The threat of not being able to get your products into one of the world's biggest markets is a major concern.

So it's not surprising that Apple has again replied in kind. Last Friday, it filed a complaint against Nokia with the ITC, similarly aimed at preventing that company's products from entering the US.

Assuming each companies' patents are upheld and the other is found to be infringing, they will almost certainly end up coming to some sort of cross-licensing deal. The question is whether it is a simple swap or if one side is able to insist on a cash adjustment.