I may be looking at things in a positive view, but everyone of these news clips are talking about coming together to settle their disputes and agreeing on a rate soon.
Nokia files complaint with US trade commission against Qualcomm
1:57 p.m. 08/17/2007 Provided By AP Worldstream
HELSINKI, Finland, Aug 17, 2007 (AP Worldstream via COMTEX) -- Nokia Corp., the world's largest mobile phone maker, said Friday that it has filed a complaint with the U.S. International Trade Commission alleging that chipset maker Qualcomm has engaged in unfair trade practices by infringing on its patents.
The Finnish company has asked the ITC to start an investigation and issue an order to bar imports to the United States of chipsets and products that allegedly infringe on its patents, Nokia said.
"Qualcomm's unfair trade practices include importing products, selling products for importation, and/or selling products after importation, and inducing others to import products such as handsets that infringe Nokia patented technology in certain Qualcomm GSM/WCDMA and CDMA2000 chipsets," Nokia said.
Nokia shares closed up more than 3 percent at EUR 21.72 (US$29.22) on the Helsinki Stock Exchange.
"There is significant evidence to warrant an ITC investigation into Qualcomm's business conduct," Chief Financial Officer Rick Simonson said. "We are taking this action to stop Qualcomm's practice of copying Nokia's patented technology, without permission, and making these innovations available to its chipset customers."
Qualcomm declined to comment on the specifics of Nokia's complaint but said it was part of a broader dispute. Nokia has sought to lower payments to Qualcomm, particularly for chips that rely on a network technology called WCDMA.
"Qualcomm is attempting to reach a settlement with Nokia in the most straightforward and timely fashion, ensuring both sides get a fair, competitive deal," Qualcomm spokeswoman Bertha Agia said in San Diego. "This is why we are attempting to resolve the core issues through arbitration rather than through further litigation."
Nokia's complaint is part of a multinational legal battle with Qualcomm Inc., the world's No. 2 chipmaker for mobile phones, which licenses its technology patents.
In June, Nokia filed a lawsuit in a Texas district court claiming unauthorized use of its Brew and MediaFlo patents, which allow fast, high-quality transfers of audio and video multimedia to wireless subscribers.
In April, Qualcomm filed a patent infringement lawsuit in Texas against Nokia involving certain types of mobile software download and execution environments. San Diego-based Qualcomm's lawsuit said Nokia infringed on patents for phones that run on a standard known as global system for mobile communication, or GSM, which is prevalent in Europe and accounts for about two-thirds of all mobile phones.
Nokia has said it believes the Qualcomm patents are invalid, as the inventions were patented or published by other companies before Qualcomm. It also said it does not believe Nokia's products infringe any of the patents.
Simonson said Nokia is seeking "the same remedies Qualcomm has sought against Nokia in multiple venues around the world."
"Nokia will continue to ensure its rights and competitive advantage is protected," Simonson said, adding that Qualcomm's recent legal defeats are working in Nokia's favor. "They're losing on the things that are very similar to the complaints we are filing," he added.
Qualcomm's head lawyer and general counsel, Lou Lupin, resigned earlier this week after a series of legal setbacks in the company's patent wars with Nokia and rival chipmaker Broadcom Corp.
In June, Qualcomm was handed an injunction by the ITC, preventing the import of certain phones containing chipsets into the U.S., after the panel found that Qualcomm's chips infringed on patents held by Broadcom.
Nokia, whose global market share rose to 38 percent in the second quarter, said that sales further slumped in North America - its worst market - by 20 percent to EUR 160 million (US$215 million), accounting for less than 5 percent of all revenue.
The legal skirmish dates to October 2005, when Nokia and five other companies complained to the European Union about Qualcomm's business practices. The commission is considering the complaint.
Besides suing Nokia in Texas, Qualcomm has also charged the Finnish company with patent infringement in federal court in San Diego, before the ICT and in courts in Britain, France, Germany and Italy. |
