Essential and Implementation Patents
roadie,
<< The blithering fools may try and spin this as a negative for Q but I thought NOK had valuable chipset IPR that Q needed? That darn IPR can't be all that valuable if they are going to divest themselves of it. >>
Nokia is not divesting any essential or implementation IPR in GSM, GSM GPRS/EGPRS, WCDMA, HSPA, CDMA2000, or OFDMA. They are licensing their WEDGE and HEDGE protocol stack to STMicro, enabling STMicro to enter the 3G merchant market with derivatives of the HSPA chipset(s) with integrated Nomadik apps processors they will be codeveloping. LG's new HEDGE JoY slider running the Symbian OS and Nokia's S60 3E software stack already utilizes an STMicro Nomadik applications processor with stacked 1-Gbit NAND and 512-Mbit mobile DDR DRAM memory and provides native Symbian v9 support and pre-integrated Nokia S60 software platform. That same handset also uses STMicro Bluetooth and energy management ICs.
allaboutsymbian.com
Nokia also plans to use Nomadik apps processors in select Nokia models, while continuing to use TI OMAP in others.
In the Broadcom case they will be using a standard catalogue single-chip EDGE component {'Venus' announced this last February at 3GSM) with companion power management unit.
<< To me this sounds like they are pushing a problem off to another entity that is desperate for any business no matter the margin. >>
To me it sounds like they are establishing a 2nd viable source of supply for single-chip EDGE solutions for themselves and potentially for their other S60 licensees (LG, Samsung, et al).
<< I know some have said BRCM is currently selling EDGE chips but if that were so why are they planning to ship in the second half of 08? >>
The 65nm single-chip, single-die ARM9 based BCM21331 'Venus' product with Class 33, 4-band, EDGE/GPRS baseband processor, support for a 3.2-Mpixel camera, RF transceiver, high-end multimedia, high-speed 480-Mbps USB 2.0 OTG, full mixed-signal support for speakers, Hi-Fi stereo audio amplifiers and USB transceivers, full security and DRM, and companion BCM59035 PMU that competes with TI's eCosto is still in development and still at sampling stage. Earlier Broadcom EDGE components are used by Sony Ericsson and others, here and abroad.
<< In addition, WRT to EDGE, since Q long ago filed suit against NOK for EDGE patents could BRCM ever try and claim submarine subterfuge on the part of Q given their advanced knowledge of Q's claims on NOK? >>
Those claims for infringement of QUALCOMM GSM essential IPR declared to ETSI/3GPP in 2004 were 1st made against Broadcom and filed in Judge Brewster's bailiwick 4 months before they were asserted against Nokia ...
[San Diego: July 11, 2005] QUALCOMM today filed suit against Broadcom Corporation in federal court in San Diego for infringement of seven QUALCOMM patents. QUALCOMM's lawsuit asserts infringement of patents that are “essential” to the manufacture or use of equipment that complies with the GSM , GPRS and EDGE cellular standards (the “GSM Standards”) and to certain interoperability standards for wireless local area networks popularly known as Wi-Fi. Patents that are “essential” to a standard are those that must necessarily be infringed to comply with the requirements of the standard. QUALCOMM's complaint states that Broadcom is infringing six of the patents by the manufacture and sale of integrated circuits for use in GSM Standards handsets and is infringing the remaining patent by the manufacture and sale of semiconductors for Wi-Fi devices. QUALCOMM seeks an injunction against Broadcom's continued manufacture and sale of these products as well as monetary damages.
qualcomm.com
That suit was dropped in March of this year ...
[San Diego: March 16, 2007] QUALCOMM today announced an agreement with Broadcom to dismiss without prejudice all patent-related claims and counterclaims, and to dismiss with prejudice all trade secret misappropriation claims asserted by either party in two lawsuits that were pending in San Diego Federal Court (Case Nos. 05 CV 1392 and 05 CV 0660). Among the claims being dismissed are claims of patent infringement under six Broadcom patents and under four QUALCOMM patents, and claims by each party that the other had misappropriated its trade secrets. The remaining patent infringement claims between the parties in federal courts in Orange County, Calif. and in the U.S. International Trade Commission (ITC) are unaffected by the agreement. The dismissal of the patent and trade secret misappropriation claims eliminates the need for five separate jury trials scheduled throughout 2007, the first of which had been scheduled to begin on March 19, 2007.
<< Also, since Q is only going after NOK are these patents implementation or essential? >>
The initial filings in the USA and abroad allege infringement of QUALCOMM essential IPR and the latest two, implementation IPR.
[San Diego: November 07, 2005] QUALCOMM and its wholly owned subsidiary, SnapTrack, filed suit on November 4 against Nokia Corporation and Nokia Inc. in federal court in San Diego for infringement of eleven of QUALCOMM's patents and one patent owned by SnapTrack. QUALCOMM's lawsuit includes patents that are essential for the manufacture or use of equipment that complies with the GSM, GPRS and EDGE cellular standards (the GSM family of standards) and other patents that are infringed by Nokia's products. Patents that are essential to a standard are those that must necessarily be infringed to comply with the requirements of the standard. QUALCOMM's complaint states that Nokia is infringing QUALCOMM's patents by making or selling products in the United States that comply with the GSM family of standards. QUALCOMM seeks an injunction against Nokia's continuing sale of infringing products and monetary damages.
qualcomm.com
[San Diego: April 03, 2007] QUALCOMM filed suit against Nokia in the Eastern District of Texas, Marshall Division for infringement of three patents and in the Western District of Wisconsin for infringement of two patents. These cases are directed exclusively to Nokia GSM/GPRS/EDGE cellular phones. The suit in Texas includes United States Patents Nos. 7,113,776 (“the '776 Patent”), 7,065,388 (“the '388 Patent”) and 7,139,559 (“the '559 Patent”) which all generally relate to the downloading of applications and other digital content over a GPRS/EDGE wireless data network. The suit in Wisconsin includes United States Patents Nos. 7,184,954 (“the '954 Patent”) and 6,205,130 (“the '130 Patent”) which both generally relate to speech encoders (also called “vocoders”) used in certain models of GSM cellular phones.
qualcomm.com
Nokia countersued in both jurisdictions for alleged infringement of its implementation patents ...
[Espoo, Finland: May 24, 2007]Nokia today announced it has responded to the Qualcomm lawsuit filed in the Western District of Wisconsin on 2 April, 2007. Nokia remains confident that its products do not infringe either of the two Qualcomm patents-in-suit and asserts that both patents are invalid. Nokia also filed, in the same court, patent counter assertions against Qualcomm for its infringement of six Nokia implementation patents used in Qualcomm GSM/WCDMA and CDMA2000 chipsets. These six patents are not essential for the practice of standards, however they provide substantial benefits when used. In its previous litigation filings Qualcomm has sought injunctions against Nokia. Therefore, Nokia is seeking damages and also an injunction against Qualcomm's infringing chipsets.
nokia.com
[Espoo, Finland: June 11, 2007] Nokia today announced it has filed patent counter assertions against Qualcomm in the Eastern District of Texas Court. The filing relates to Qualcomm's unauthorized use of 6 Nokia Implementation patents in its MediaFLO and BREW businesses. Qualcomm has in previous litigation sought injunctions against Nokia and therefore in this case Nokia is seeking both damages and injunctive relief.
Message 23614560
<< It seems to me that if they are implementation then Q just like BRCM can pick and choose who to sue with no regard to FRANDly obligations. >>
They can spend the rest of their natural life in court as plaintiff and defendant to fulfill their vision of becoming the R&D (and patent) aggregator for the wireless industry.
Cheers,
- Eric - |
