Apple, Nokia Tag Team Samsung in Patent Infringement Case
March 7, 2013 3:24 PM
comment(s) - last by
Samsung is expected to file its own brief in the following weeks
Nokia has decided to join Apple in the
quest to crush Samsung
Nokia filed a brief with the U.S. Court of Appeals for the Federal Circuit in Washington earlier this week in an effort to help Apple achieve a permanent injunction of some Samsung phones.
According to Nokia, U.S. District Judge Lucy Koh was wrong in making Apple show "causal nexus" between demand for the iPhone and the patent violations.
Keith Broyles, Nokia's attorney from Alston & Bird, said that Nokia joined the case as an ally for Apple in order to protect patents for future innovative devices.
"Nokia has recently been involved in numerous U.S. patent lawsuits, as both a plaintiff and defendant," Broyles wrote. "Nokia is thus both a significant patent owner that might seek an injunction to protect its patent rights, and a manufacturer in an industry in which patent owners routinely issue threats of injunctions for patent infringement."
This case has been ongoing for some time. Last June, Apple's patent infringement claims against Samsung for its Galaxy Nexus phone led to a preliminary injunction, ruled by Judge Koh. Samsung then appealed this ruling on July 1 in an attempt to lift the temporary ban. The ban stayed.
In August, a jury
U.S. District Court for the Northern District of California ruled that
Samsung indeed infringed Apple's patents
However, in December, Judge Koh denied Apple's request for a permanent injunction against certain Samsung phones, which sent the case back to appeals court. Now, apparently Nokia wants in on the action.
Samsung is expected to file its own brief in the following weeks.
Thomson Reuters News & Insight
This article is over a month old, voting and posting comments is disabled
3/9/2013 4:33:46 AM
In the context of this topic, their R&D is relevant because it shows that the supposedly infringed IP did not cost much to develop.
The rationale for the existence of the patent system is that if you let people copy, then nobody will bother with private innovation because initial R&D costs will never be recouped. If all these lawsuits failed and Apple knew they would years ago, do you think they would have passed on making the iPhone?
Of course not. Apple made $100B+ from their first mover advantage, covering their R&D costs many times over because they didn't really innovate that much. Instead, they're visionaries able to leverage their advantages (esp. their loyal user base). For the interest of the consumer, there is little IP that is worth protection from the law.
3/9/2013 8:08:40 AM
The cost incurred to develop IP is absolutely irrelevant.
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