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Posts: 336 | Thanked: 610 times | Joined on Apr 2008 @ France
#63
Originally Posted by giodelgado View Post
yea, but I remeber that it lasted like more than 3 years or 5, I think it was one of the reasons that Nokia stayed away or I'm wrong
And this case won't be hitting the courts before 2011, at the very best. For anyone who doesn't know how patent suits go:
  • Nokia files claims against Apple [court filing yet has to be leaked, only then will we know if the filing has any power or not. Considering Nokia released the press-release today, they filed recently, probably in the past couple of weeks]
  • Apple files counter-claims against Nokia [Counter claims will depend on the actual filing Nokia provided, expect 6 months between the two, so that the lawyers have the time to research which previous cases could be used at their advantage. Claims that will probably be used: unfair monopoly, non-enforceability of patents, non-disclosure of patent content while in the same group, etc ]
  • Neither sides will back down
  • First ruling will happen on both claims, this will probably be around mid-2011. The first ruling basically means neither sides accept the claims, and the trial really begins.
  • Everyone sleeps for 6 months.
  • Escalation and re-escalation, appeal, and re-appeal, over and over again.
There could be good money involved, sure, but usually a patent suit is more to future-proof yourself, and make sure others don't commit the same mistake than any kind of benefit. Unless the payout is massive, the costs of such a suit, more often than not, completely invalidates the "profitability".

Edit: To go into a bit more detail about what Apple will probably counterclaim (this is pure speculation):

Apple will counterclaim against Nokia's claims, by filing a declaration of unenforceability, monopolisation, attempted monopolisation, fraud, and violation of the California's unfair competition law (not sure about this one, can Apple file for this considering the court is in Delaware?).

Basically, in order to survive a motion to dismiss, Nokia's claims must "contain sufficient factual matter, accepted as true, ‘to state a claim to relief that is plausible on its face.'" (Ashcroft v Iqbal, all the way up to Bell v some other corp)

Nokia's pleading will need to contain "factual content that allows the court to draw the reasonable inference that [Apple] is liable for the alleged misconduct".

This will go on and on. Every time either Nokia or Apple will file a claim or counterclaim, or move to dismiss a claim or counterclaim, the other party will have 30 days (or any time limit imposed by the court) to produce new claims and counter claims, until the court estimates it has enough information to deny or grant any or all of the claims.

As any Californian company, Apple will file separate answers and counterclaims in order to weigh up their declaration of unenforceability of the cited patents. This used to work 10 years ago, however these days, because the counterclaims are extremely similar, they will be merged into one (again, not sure this works in Delaware).

I believe that a monopolisation and attempted monopolisation claim will go very far. It's easy to see that using the Sherman Act, Apple could very easily defend themselves from any of Nokia's claims (and even though not usable in court, Nokia auto-proclaimed that the patents they hold have become Industry Standards [see press release from today]). The offense of monopolisation has two elements: the possession of monopoly power in the relevant market, and the willful acquisition and maintenance of that power as distinguished from growth or development as a consequence of a superior product, business drive or historic accident.

Considering that Nokia has been in talks with Apple regarding these claims before filing them officially, and the fact that both Apple and Nokia are part of the same groups (can't remember which), Nokia may have been obligated to disclose their intellectual property rights to the cited Patents and failed to do so, or the failure to disclose was deceptive, or a standard was developed upon the cited Patents (IP) and has been adopted by the relevant market.

Anyway, enough of that, I'm hungy.

Last edited by CrashandDie; 2009-10-22 at 18:57.
 

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