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| Patent Case |
Nokia has lots of experience with patent litigation.
It owns over 10,000 patents and had to protect these patents on many occasions.
This includes settled patent instigation with Apple and Google.
Plus, Nokia is attempting to have the courts be more responsive to patent
holders needs, like themselves. This will in affect increase peoples’ ability
to once again innovate and not worry about unprotected patents. Nokia will do
this by increasing the courts ability to pass permanent injunctions, which is a
complete stop of business activities for the patent infringers after a case is
complete.
Now Nokia is
attempting to submit an ‘amicus brief’ (adding official testimony) with Apple
and against Samsung. This case was ruled by Koh’s in mid-December, 2012 where
apple won the patent infringement case against the Galaxy tab 10.1, Galaxy
nexus smartphone, and others. However, judge Koh could not put forth a
permanent injunction because in eBay v.
MercExchange, and Robert Bosch LLC v. Pylon Mfg. Corp made it nearly
impossible for permanent injunctions to be passed. Nokia is trying to prove
that because of these cases the court has diverged from its point of order by taking
into consideration demand for the product, which is not part of patent law.
Nokia has a strong point and if passed will have major implication on innovation,
the economy, and patent wars.
http://www.fosspatents.com/2013/03/nokia-files-amicus-brief-supporting.html
Nokia's decision to provide a supportive legal opinion in Apple's appeal is pretty surprising in that they're helping their competitor. But, I guess in the grand scheme of things, they see the obligatory licensing structure as a bigger problem than Apple winning another case. Cool write up.
ReplyDeleteNice touch with the picture, Dove! Getting an injunction would be huge as all production relating to the patent in question would be put to a halt.
ReplyDeletegreat sharing! whether or not they could get an injunction would mean a lot to other industry leaders taking part in patent wars
ReplyDeleteThis injunction, as well as the amicus brief, could be a good turning point in patent law
ReplyDelete