Technology and Life

Now that Apple has responded to Nokia’s patent lawsuit filed last October with its own countersuit today, we have a clearer picture of what the dispute is all about. As suspected, it is about money, specifically the patent licensing fees Nokia is trying to get out of Apple for wireless patents it holds and it alleges are infringed by the iPhone.

But more broadly, it is about Nokia missing the boat on the shift from conventional phones to mobile computers where the phone functionality is relegated to one of many features, and not the most important one at that. Apple lays this argument out in its countersuit, saying that Nokia tried to overcharge it on patent fees because it missed the boat on the shift to smartphones.

In Apple’s countersuit today, it accuses Nokia of attempting a “patent hold-up.” The patents in question are part of industry standards, and as such Nokia must license them under fair and reasonable terms, argues Apple. But instead, Nokia tried to put the squeeze on Apple. Apple states in its countersuit: Continue Reading »

There’s just something about Apple that makes people go crazy whenever the company’s lawyers do even the simplest things — whether it’s filing routine trademark oppositions, getting patents granted, or, uh, defending allegations that the company is in league with the Mafia, Steve and friends just seem to inspire some strong reactions whenever they end up in the courtroom. So of course things got a little wild last Thursday when Nokia announced it was suing Apple over ten patents related to GSM, UMTS (what you know as 3G) and WiFi — the pundit class immediately set upon the idea that the lawsuit was some sort of reaction to Nokia’s diminishing cellphone marketshare and the perceived dominance of the iPhone, perhaps best exemplified by John Gruber’s flippant “If you can’t beat ‘em, sue ‘em.” Nokia can’t compete against Apple, so obviously it’s abusing the hopelessly-broken patent system get a little payback, Espoo-style — right?

Well, wrong. As usual, the race to hype this dispute as a bitter standoff between two tech giants desperate to destroy one another has all but ignored the reality of how patents — especially wireless patents — are licensed, what Nokia’s actually asking for, and how it might go about getting it. And as you know, we just don’t do things that way, so we’ve asked our old friend Mathew Gavronski, a patent attorney in the Chicago office of Michael Best & Friedrich, to help us sort things out and figure out what’s really going on here — read on for more.
First, a preliminary note: we’re just not going to get into the specifics of Nokia’s ten patents, whether they should have been granted, whether they’re valid, or whether the patent system itself is a good thing. Each of the ten patents in question covers a highly technical part of wireless communications, and we simply don’t have the time to judge them on their merits — and even if we did, we have no way of knowing how the iPhone’s code and chipsets make use of the patented technology. As for the patent system, well, it’s what we’ve got, this case isn’t going to change it, and we’re not going to begrudge Nokia for taking advantage of the primary means available to protect its billions in R&D. We doubt Steve Jobs feels any differently about things.
Continue Reading »