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Apple's iPhone is at the center of Nokia suit  (Source: Apple)
Apple hires some of the best IP attorneys in the country

Apple is gearing up for a massive legal battle against mobile phone industry heavyweight Nokia. Nokia is the largest phone market in the world while Apple has one of the most popular and profitable smartphones in the world with its iPhone.

The legal storm has been brewing for months and Apple is gearing up by retaining some of the best IP lawyers in the country to fight Nokia. 
Bloomberg reports that since 2008 Apple has been the most sued technology firm in the world. The legal team Apple has put together has been responsible for winning some of the biggest patent suits in the technology world.

Nokia sued Apple in October of 2009 alleging that Apple was infringing on several of its patents. Apple filed a countersuit of its own alleging the same thing. Apple claimed at the time the goal in the Nokia suit was to get Apple to turn over proprietary technology that sets the iPhone apart from the other smartphones on the market. Nokia denies the charges.

Attorney Lyle Vander Schaaf, who has handled IP cases before the ITC before says, "These are very well-known, deep-pocketed, high-end manufacturers. Usually you have one 800-pound gorilla going after a new entrant. Here you’ve got 800-pound gorillas fighting each other."

In addition to bringing in outside legal assets to fight the suit, Apple also has a new in-house attorney that specializes in IP, Noreen Krall. Krall was chief IP counsel for Sun Micrososystems and a staff IP attorney for IBM in the past. The other legal assets Apple has called in included Robert Krupa from Kirkland & Ellis. Krupa negotiated the settlement between Apple and Creative Technology in 2005 that had Apple pay $100 million to Creative.

William Lee from WilmerHale represented Broadcom Corp. in the legal fight against Qualcomm is part of the team. Apple also has Matt Powers from Weil, Gotshal, & Manges LLP that represented pharmaceutical giant Merck & Co in a patent case over its drug Singulair. Most expect the outcome of this suit to be a settlement between Apple and Nokia to license each other's tech. Rob Enderle from Enderle Group said, "It’s [the legal battle] going to get a lot worse before it gets better."



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Hmm.
By xpax on 11/29/2010 12:11:27 PM , Rating: 5
It'd be best for everyone if Apple lost. I'm sure everyone has grown tired of hearing their baseless claims about innovating when they haven't done anything of the sort since 1976.




RE: Hmm.
By ltcommanderdata on 11/29/10, Rating: -1
RE: Hmm.
By inighthawki on 11/29/2010 1:19:46 PM , Rating: 3
The problem is not that they helped with good technology, but that they try to take credit for things they either didn't do or didn't do first, then sue the big companies for infringing on their patents which should have never been passed through in the first place.


RE: Hmm.
By reader1 on 11/29/2010 7:26:32 PM , Rating: 3
Apple innvented everything, including multi-touch, the mouse, and douche-baggery.

- Artie MacStrawman


RE: Hmm.
By jhb116 on 11/29/2010 10:21:36 PM , Rating: 3
agreed - I give them credit for taking existing tech and putting together a good form factor.

I'm glad they are getting their dues. Anyone remember when apple sued some small company that built a cube shaped PC because it looked like the cubed shaped G4? Don't see many of those anymore either. Or how about the time they sued another PC manufacturer (emachines?) over color. It is about time what goes around comes around.....


RE: Hmm.
By omnicronx on 11/29/2010 1:51:19 PM , Rating: 5
While I would tend to agree with your statements as a whole, most of what you have named are not solely Apple innovations. They are perhaps Apple backed and implemented by Apple first, but Apple inventions they are not.

For example they were a big part of ARM(they were pushing it for their Newton devices) but were hardly the inventors of the technology. PPC falls under the same boat, especially when you consider how closely tied it is to ARM in the first place (and much of the work fell on IBM's shoulders).

Webkit is also not really 'theirs', it started as a forked version of Konqueror from KDE as it was lightweight and fast.

OpenCL is similar, although Apple is by far the biggest contributor to the project.

Funny you mention ARM though, as this was one of their biggest screw ups in history if you look at their situation as of today. Most people don't know this but until 1998, Apple had by far the largest amount of shares in the company. Just think of the advantage Apple would have in the market today if it owned the largest chunk of ARM. They could have potentially had a piece of the pie of every smartphone sold..

Apple tends to find great ideas, implement them and make them better. While you cannot take away from what they have given to the industry, they have hardly been 'true innovators' over the years, they just have a great knack at knowing when a product or piece of technology is ready for primetime. Sometimes that can be more valuable than the innovation itself.. I great idea can be rendered useless if notimplemented properly.


RE: Hmm.
By rudy on 11/29/2010 5:20:19 PM , Rating: 2
Timing is important but apple is not that good at timing either. They have had mostly failed products mostly released at the wrong time. But the few they have got right have been hugely profitable because apple knows very well how to market.

Just look at this in a law suit apples marketing team is already at work this whole article was all about how GREAT apple is how they have hired the BEST attorneys and how CLEARLY nokia is only doing this because they need to figure out how apple makes such AMAZING products and nokia has no idea what makes the iphone work so amazingly well.

Ya right. But hey the right people will eat it up.

Meanwhile nokia has no clue how to market they have done nothing to publicize the details that would help their image or bend the truth / lie to look better.


RE: Hmm.
By omnicronx on 11/29/2010 6:39:32 PM , Rating: 2
What makes you think Nokia wants to market their products like Apple? Any way you want to put it, Apple is a niche.. Meanwhile Nokia still holds a 50%+ dominant share in the cell phone market.

Apple at its very best will never come anywhere close to what Nokia is at now/where they were at because of the way they do business.

Not everyone can, nor would everyone want to market their products like Apple.. (i.e a fraction of the total market)

Now of course this does not take into account the fact the niche in which they have chosen has by far the highest profit margins.. but not everyone can/want to play in the same sandbox :)


RE: Hmm.
By niva on 11/29/2010 10:36:18 PM , Rating: 2
Yes Nokia holds a huge share of the market still, BUT they are rapidly losing it and falling behind. They basically hold Europe's market right now, but even if they sell more phones at this stage they're not making the profit like Apple. Because of Apple's retarded business practices they'll probably never be #1 in that market worldwide but Google will probably take Nokia down at some point unless Nokia manages a good comeback with their future smartphones and MEEGO. The chips are stacked big time against Nokia in the cell phone market because they've lost momentum badly and Apple's iPhone was simply the start of the wave that's taking over the market. I also wouldn't write Microsoft off at this stage. IMO Microsoft has a much better chance of weathering this storm than Nokia does and possibly making a comeback in the future. Microsoft is playing in the same sandbox with Apple, Google and Nokia are playing in their own sandbox which is much bigger at this stage.


RE: Hmm.
By BrgMx5 on 11/29/2010 12:43:31 PM , Rating: 2
When Apple launched the Iphone they smacked every other manufacturer in the face with their very competent entrance in a new market.

So you can thank Apple for the great smart phones that are now available from several manufacturers. They sure upped their game since then.

Whether you like Apple or dislike them, buy their stuff or don’t, they do get some things right and contribute for better products in the segments they compete.


RE: Hmm.
By ZachDontScare on 11/29/2010 3:07:04 PM , Rating: 3
You'd have a point if HTC hadnt beaten Apple by several months with their touch-screen phone, the HTC Touch.

People think Apple was the innovator here because they dont know better. Truth is, Apple is successful because they get 100x more free advertising from the media than they have to pay for due to the 'fashion' factor of Apple being Apple.

Look at tablets - I had an 'instant on' WinCE tablet w/wifi almost 10 years ago. Where was Apple then? They were hardly the first, or the 10th, to make such a thing. They are, though, the most fasionable, which is why a lot of people think the ipad is the first 'tablet'. They simply never heard of the others.


RE: Hmm.
By omnicronx on 11/29/2010 4:27:16 PM , Rating: 2
Well to be fair, all of HTC's phones released before the iPhone (the Touch was not the first btw) were resitive touch screens running Windows mobile 5/6 =P..

I was a PPC6700/6800, a touch (all of which were released before the iPhone), the devices are hardly comparable to the iPhone.. Fun to customize and a lot more open in what you can do with an iOS device, but the complete experience was just not on the same level.

Its pretty hard to argue that Apple revolutionized the smartphone world. I'm not saying they were not building on what was already there, but they certainly gave the industry the kick start it needed. Otherwise I'm sure I'd be sitting here on Windows 6.* still, and Android would only come in BB like styling (i.e front facing keyboard and tiny display like originally imagined)


RE: Hmm.
By justjc on 11/30/2010 3:30:52 PM , Rating: 2
I believe most handset makers had tried making a touchscreen phone before Apple stepped onto the stage, including Nokia.
If we're specifically talking capacitive touchscreens Apple got beaten there too, by the LG KE850(Prada) that was shown before the iPhone was announced and hit the European market before Apple launched in the US.


RE: Hmm.
By Smilin on 11/30/2010 5:08:47 PM , Rating: 2
Using someone else technology then not paying for it doesn't really count as "doing it right".

To Paraphrase Chris Rock, "If you haven't stolen material from Richard Pryor...you probably aren't very funny."

If you are in the mobile space and haven't licensed tech from Motorolla or Nokia then you either suck...or you're stealing. Apple is going to lawyer up on this instead of doing the right thing. You can bet on it.


RE: Hmm.
By Tony Swash on 11/29/10, Rating: 0
RE: Hmm.
By omnicronx on 11/29/2010 4:29:53 PM , Rating: 2
Just because you found a great new way to use the wheel, does not mean you invented it..

Apple fans all over the world can't seem to grasp that concept..


RE: Hmm.
By Tony Swash on 11/29/2010 5:07:44 PM , Rating: 2
quote:
Just because you found a great new way to use the wheel, does not mean you invented it..

Apple fans all over the world can't seem to grasp that concept..


From the dictionary

Innovate
verb
make changes in something established, esp. by introducing new methods, ideas, or products :• [ trans. ] introduce (something new, esp. a product) : innovating new products, developing existing ones.


Before the Macintosh there were no commercial available desktop computers like it. Afterwards, eventually, there were lots although they were not as good.

Before the iPod there were no commercially available MP3 players like it. Afterwards, eventually, there were lots. They all failed to sell in any significant numbers.

Before the iPhone there were no commercially available smart phones like it. Afterwards, eventually, there were lots. It took a while for the Android team to abandon its previous design for their OS and design an iPhone clone.

Before the iPad there were no commercially available tablets like it. Afterwards there were some attempts to copy the iPad but they are not very good.

Before the iPod Touch there were no commercially available MP3 players like it. Afterwards there were none (interesting that no one has copied the iPod Touch, it's the sort of 'dog that didn't bark' and hardly anyone ever notices the significance of that omission).

I am not sure if you know this but pretending that Apple isn't innovative won't actually stop Apple in the real world out innovating their competitors :)


RE: Hmm.
By omnicronx on 11/29/2010 5:47:44 PM , Rating: 2
Why are you quoting the dictionary?
quote:
You can tell Apple haven't innovated or invented
I was keying in on your little invention statement.
quote:
Just because you found a great new way to use the wheel, does not mean you invented it
Apple has very few inventions, what they do have to some extent are innovations. Although many would argue that in order to innovate you must first invent, and only when said invention improves a product and/or process for the masses is it truly an innovation.

Things like swiping your finger across a screen to unlock your device hardly falls into that category.

FYI: I don't even know of a dictionary that has a similar definition for innovation, so I'm not exactly sure where you pulled it from.(I'm just going to assume you are being legit)


RE: Hmm.
By Tony Swash on 11/29/2010 6:42:08 PM , Rating: 2
quote:
Apple has very few inventions, what they do have to some extent are innovations. Although many would argue that in order to innovate you must first invent, and only when said invention improves a product and/or process for the masses is it truly an innovation.

Things like swiping your finger across a screen to unlock your device hardly falls into that category.

FYI: I don't even know of a dictionary that has a similar definition for innovation, so I'm not exactly sure where you pulled it from.(I'm just going to assume you are being legit)


I got it from the MacOSX built in dictionary - maybe its biased ;)

I think it would be churlish not to admit that Apple has reshaped many markets and product paradigms over the years. Apple is the most innovative major technology company.

One example

This is what Android looked like in 2007 just after the launch of the iPhone.

http://www.engadget.com/2007/11/12/a-visual-tour-o...

Here’s an actual Android phone hardware prototype from December2007.

http://gizmodo.com/gadgets/android-hardware-in-the...

It didn’t look anything like an iPhone, nor like anything Apple would ever be interested in making. It looked like a BlackBerry or Windows Mobile phone — hardware keyboards and non-touch screens.

Many thought the iPhone would fail (too expensive etc, remember the Ballmer laugh) but then it was unambiguously a huge hit.

Now compare a 2010 Android design to a current iPhone.

http://www.engadget.com/2010/04/19/droid-incredibl...

Don’t tell me the iPhone has not completely reshaped the design and UI of Android and of smart phones in general.


RE: Hmm.
By omnicronx on 11/29/2010 7:07:54 PM , Rating: 2
quote:
I think it would be churlish not to admit that Apple has reshaped many markets and product paradigms over the years.
Read some of my other posts, I've made exactly the same point.. (also said the same thing about Android)


RE: Hmm.
By xpax on 11/29/2010 8:09:59 PM , Rating: 2
quote:
Before the Macintosh there were no commercial available desktop computers like it. Afterwards, eventually, there were lots although they were not as good.

There are plenty that are far superior. At the time, it was a hobbled, overpriced machine with insufficient RAM, no hard drive or any of the other things people actually needed in a computer. There's a reason why the Apple ][ was the market leader and the Mac was an unmitigated disaster. Woz knew what people wanted, and unfortunately for Jobs, there weren't legions of mindless zombies who wanted to be TOLD what they needed. The original Mac was a half-baked idea.
quote:
Before the iPhone there were no commercially available smart phones like it. Afterwards, eventually, there were lots. It took a while for the Android team to abandon its previous design for their OS and design an iPhone clone.

Actually, there were many smartphones (WinMo, BB, Nokia), some touchscreen and some not. The only advantage the iPhone had was the App Store -- and you apparently choose to repeatedly forget that the App Store was an accident -- it only happened because developers demanded a way to develop native apps. Jobs only wanted you to use web apps. No other company was that blind. When the App Store took off, it was solely something they lucked into, plain and simple. Same goes for the iPod Touch beyond being a mere media player. As for the UI, it's not rocket science. There are only so many ways to invent the wheel.
quote:
Before the iPad there were no commercially available tablets like it. Afterwards there were some attempts to copy the iPad but they are not very good.

You mean there were no oversized media players with delusions of grandeur before it? You are correct. As for afterwards, well, considering we're less than a year from it's introduction, that's not entirely surprising.

Iterative design is not innovation, it's evolution.


RE: Hmm.
By PsychoPif on 11/30/2010 12:00:09 PM , Rating: 2
That's some nice lies you got there.

I had a Creative Zen, years before the first IPod and if it was'nt for the batery, I'd still be using it today.

Is the IPod a great media player sure, but it's NOWHERE near the first to be sold in store.


RE: Hmm.
By MCKENZIE1130 on 11/29/10, Rating: -1
800 pound gorillas with nukes
By rika13 on 11/29/2010 11:16:42 AM , Rating: 3
they'll blow each other up then screw over everyone else with fallout




RE: 800 pound gorillas with nukes
By omnicronx on 11/29/2010 12:07:11 PM , Rating: 2
As one of the people in the article stated, I doubt we will see much more than a cross licensing agreement.

Both companies should have more than enough reserves that it should not impact pricing. (and considering the competition these days, I don't think they could)


By YashBudini on 12/7/2010 2:09:02 AM , Rating: 1
Just another Wall St success story.


die nokia
By reader1 on 11/29/2010 7:00:05 PM , Rating: 1
Apple will punish all the infringes to the ground for copying their tech.

Death to every phone maker.




RE: die nokia
By omnicronx on 11/29/2010 7:19:33 PM , Rating: 2
Mark my words Apple won't successfully sue anyone. Best case sceneario for Apple, they settle and get cross licensing agreements..

Cell phones are encumbered beyond belief, but for some reason people think the innovations Apple has made over the past 3 years will somehow be able to combat the countless amount of patents that other large manufacturer have been compiling for the last 20.. The garbage patents from the mid 90's that hardly even apply to smartphones, or are so generic they can easily be invalidated is hardly any protection.

This is clearly evident by the fact they went after the only susceptible phone maker in HTC, which has since updated its arsenal of patents with licensing deals from MS. They have yet to be the aggressor against anyone else..

Apple is just trying to leverage what they have to get a free pass to play with all the tools that others have come up with over the past 20+ years..


RE: die nokia
By Netjak on 11/30/2010 7:57:38 AM , Rating: 2
I agree. Nokia almost invented GSM phone, it is the largest contributor to IP behind GSM.


Ugh...
By morphologia on 11/30/2010 2:49:34 PM , Rating: 2
The worst part about all this is that, like most other high-profile court cases, the end result will be that the most convincing charade will determine the winner, regardless of the facts. The facts are almost meaningless...it's all about how many professional parasites...uh, I mean celebrattorney litigatards (high-priced lawyers) each side can herd together. Both parties might as well just have their vast herds of pet lobbyists fight to the death on the field of honor, because it's not about who's right and who's wrong. It's about who can tapdance while juggling fiery torches.




RE: Ugh...
By jive on 12/1/2010 4:52:47 AM , Rating: 2
I just had a vivid flashback of the scene from the movie 'Chicago'. Is the state of US courts really so sad?


Out of control
By masamasa on 11/29/2010 4:36:09 PM , Rating: 2
These patent suits are out of control.




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