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Nokia Launches Another Patent Attack On Apple, Uses ITC Loophole To Get Second Shot At Hurting Apple
from the can't-compete? dept
We've seen how Nokia's troubles in keeping up in the smartphone market have resulted in suddenly filing a whole bunch of patent lawsuits, including the big one against Apple over the iPhone. Of course, as usually happens in these types of situations, Apple fired back with a patent infringement lawsuit of its own against Nokia. Welcome to patent nuclear war.
And, of course, if you thought the battles would end there, you haven't been paying attention to how patent battles work these days. For years now, we've been pointing out that many patent holders actually get two cracks at companies over the same exact patents. They sue in the courts, and they use the ITC loophole to get a second crack, which could have even worse consequences. You see, the International Trade Commission is supposed to watch out for unfair trade practices. So many patent holders go to the ITC and claim that companies that infringe on patents are using unfair trade practices and should be barred from importing those goods into the US. Of course, the ITC could rely on the courts to determine if the products are actually infringing, but it does not. It decides for itself. And while the ITC cannot issue fines, it can issue an injunction barring the import of these products. With so many high tech products being manufactured overseas, this creates an effective injunction against selling many high tech products in the US... even as the Supreme Court has made clear that injunctions don't always make sense. But, the ITC is not bound by the Supreme Court on this and can do what it wants. A recent study has shown that this ITC loophole is frequently abused.
So, it's not at all surprising that (yes, indeed), Nokia has jumped in with both feet and has filed a complaint with the ITC as well over the Apple iPhone and its alleged infringement on Nokia patents. So now we have two totally seprate processes, either of which could conceivably bar Apple from selling iPhones in the US, just because Nokia's been too slow in coming up with its own iPhone competitor. That's not encouraging innovation at all. It's proactively trying to use the US government to slow it down.
And, of course, if you thought the battles would end there, you haven't been paying attention to how patent battles work these days. For years now, we've been pointing out that many patent holders actually get two cracks at companies over the same exact patents. They sue in the courts, and they use the ITC loophole to get a second crack, which could have even worse consequences. You see, the International Trade Commission is supposed to watch out for unfair trade practices. So many patent holders go to the ITC and claim that companies that infringe on patents are using unfair trade practices and should be barred from importing those goods into the US. Of course, the ITC could rely on the courts to determine if the products are actually infringing, but it does not. It decides for itself. And while the ITC cannot issue fines, it can issue an injunction barring the import of these products. With so many high tech products being manufactured overseas, this creates an effective injunction against selling many high tech products in the US... even as the Supreme Court has made clear that injunctions don't always make sense. But, the ITC is not bound by the Supreme Court on this and can do what it wants. A recent study has shown that this ITC loophole is frequently abused.
So, it's not at all surprising that (yes, indeed), Nokia has jumped in with both feet and has filed a complaint with the ITC as well over the Apple iPhone and its alleged infringement on Nokia patents. So now we have two totally seprate processes, either of which could conceivably bar Apple from selling iPhones in the US, just because Nokia's been too slow in coming up with its own iPhone competitor. That's not encouraging innovation at all. It's proactively trying to use the US government to slow it down.
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In before Anti-Mike
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It's not that simple
And, ummm, Nokia is not a struggling beggar. It still is the largest cell phone manufacturer in the world, with a huge market share. It doesn't need an "iPhone competitor", it has a portfolio of those.
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As someone who generally hates Apple (control freaks) and won't buy an Iphone on principal and who own's a N97, one of Nokia's latest attempts at a "iphone competitor" i would dispute that statement, what Nokia has is a portfolio of "Failed iPhone competitors"
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Re: It's not that simple
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Is Apple A Serial Infringer?
Ronald J. Riley,
I am speaking only on my own behalf.
Affiliations:
President - www.PIAUSA.org - RJR at PIAUSA.org
Executive Director - www.InventorEd.org - RJR at InvEd.org
Senior Fellow - www.PatentPolicy.org
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (810) 597-0194 / (202) 318-1595 - 9 am to 8 pm EST.
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Re: It's not that simple
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Re: Is Apple A Serial Infringer?
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This is a Tell
Based on reading TD for the last few years it seems whenever a company can't compete, they sue. It's like announcing to the world, we simply have no other options to generate revenue or battle our competitors so here come the hail mary.
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Re: Is Apple A Serial Infringer?
Also, I hold a patent on moronic signatures. Pay up.
I am speaking only on behalf of the list of 17 shill organizations below me (and a dead person).
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Re: It's not that simple
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They Should
Then have the final assembly in one of the border factories.
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Re: Re: It's not that simple
But since it was an iCrap and the moron fashionistas are plenty, it was a success.
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Something’s Wrong
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DIfferent motivations
Do you think for one moment that Apple would not sue Nokia if there was something they thought they could gain? That's the way modern litigation works. It's just part of business as usual.
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Great news for AT&T
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Re: Is Apple A Serial Infringer?
Maybe the USPTO should stop issuing broad patents in the first place?
Maybe Apple should seek an injunction against Nokia from the ITC?
In the end who wins? Lawyers. Who loses? Consumers.
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Re: Re: Re: It's not that simple
But since he is an iChode and the moron dumbassistas are plenty, he thought he had a point.
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Re: Re: Re: Re: It's not that simple
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Re: Is Apple A Serial Infringer?
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Re: Re: Re: Re: It's not that simple
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Re: Re: Re: Re: Re: It's not that simple
Good on ya.
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