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Nokia files "friend of the court" brief on behalf of Apple

Posted: , by Alan F.

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When Judge Lucy Koh denied Apple's request for a permanent injunction on those Samsung devices that had infringed on Apple patents according to a jury, Apple appealed the decision. Now, all the way from Finland, Nokia has filed an amicus curiae brief, also known as a "friend of the court" brief, supporting Apple's position. Nokia, as a leading handset manufacturer, is concerned that the court system has turned into a process where patent holders are being forced to license its patents to the competition, something that could lessen the incentive for people to innovate. But that is only one of the reasons for Nokia's presence in this case (more on that later).

All the way from Finland, Nokia comes to support Apple in appellate court

All the way from Finland, Nokia comes to support Apple in appellate court

Last month, Apple filed its opening brief with the U.S. Court of Appeals for the Federal Circuit ahead of the deadline imposed under appellate rules. This forced Nokia to scramble because while the company had intended to file the amicus curiae brief all along, it had thought that Apple would be filing closer to the deadline date. Briefs filed in support of the appellate must be filed within 7 days of the appellant's opening brief. The Finnish based company needed to get an extension from the Federal Court which it did receive. Ironically, in June 2011 Nokia settled with Apple and received a large lump sum amount to settle a patent battle between the two firms.

Nokia is not only getting involved in this case in order to help protect other manufacturers' patent rights, but the company itself is involved in a number of patent battles, which seems to be the norm in the industry. Nokia is involved in an ongoing court battle with HTC and ViewSonic over patents used in production of Android handsets and might even have to face Apple in court again. In preparation, Nokia has filed this brief just in case it ever finds itself in the position that Apple currently is in.

source: FOSSPatents

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posted on 06 Mar 2013, 14:28 11

1. tward291 (Posts: 559; Member since: 14 Feb 2012)


Interesting indeed love to see how this turns out

posted on 06 Mar 2013, 18:26 6

42. MrJerry (Posts: 393; Member since: 05 Oct 2012)


Now Nokia seems to change their strategies to Apple's way;
Making same boring stuffs again and again and watching and checking Sammy products to beg a huge amount of money with this stupid USPTO system support

posted on 07 Mar 2013, 05:29 1

77. Andrea (banned) (Posts: 52; Member since: 07 Mar 2013)


Why must nokia do like this.

Yes I know wp is a flop!!!!

nokia = ms = patenttroll

posted on 06 Mar 2013, 19:13 7

50. nobelset (Posts: 269; Member since: 17 Oct 2012)


Would be great if Sony helped Samsung, you know, coz they only produce android phones.

posted on 06 Mar 2013, 22:27 12

65. Wiki_jaan (Posts: 702; Member since: 24 Jun 2012)


from now nokia shud be called iNokia

posted on 06 Mar 2013, 14:30 29

2. MarioGomez (banned) (Posts: 40; Member since: 21 Feb 2013)


Every company in the universe could be sued. Except Nokia

posted on 06 Mar 2013, 15:48 6

14. InspectorGadget80 (Posts: 6443; Member since: 26 Mar 2011)


NOKIA SUES HTC remember that. NOKIA is just like Apple

posted on 06 Mar 2013, 16:17 16

19. MarioGomez (banned) (Posts: 40; Member since: 21 Feb 2013)


I said : could be sued (passive voice). I did not say Nokia can not sue.
Means no one can sue a company that is floating on sea's patent like Nokia.

posted on 06 Mar 2013, 18:17 12

38. PhoenixWright (Posts: 99; Member since: 11 Feb 2013)


Uhhhh, They're veterans in the Cell Phone industry.
If possible, then they would sue any company that makes mobile phones or anything that can call without a wire :D

posted on 06 Mar 2013, 19:18 12

51. -box- (Posts: 3789; Member since: 04 Jan 2012)


Agreed. Pretty much if Nokia, Motorola, and Ericson pooled their patent resources, they could shut down any other unlicensed OEM.

posted on 06 Mar 2013, 17:15 5

23. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


does nokia even sell enough smartphones to be considered competition?

posted on 06 Mar 2013, 17:31 13

27. papss (unregistered)


What does that have to do with this article? Troll much?

posted on 06 Mar 2013, 18:26 4

41. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


well im just saying it seems these days that only manufacturers that are in courts today are actually manufacturers that sell

posted on 07 Mar 2013, 03:07 2

74. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


It earns 1 billion/year in patent licensing fees which i guess is more that it makes from LUMIA phones :D

posted on 06 Mar 2013, 18:05 3

32. MrJerry (Posts: 393; Member since: 05 Oct 2012)


Since when Apple and Nokia have had a partnership against Samsung? lol

posted on 06 Mar 2013, 18:29 6

43. corporateJP (Posts: 1555; Member since: 28 Nov 2009)


I am a Nokia guy, but truth is, Motorola had more bearing patents for cellular technology, which now belong to Google. Nokia, though, does fall in line at second place. Look it up.

And...Nokia can still be sued if some of these very close patents cross over onto another patent, which has proven to happen in the past.

posted on 06 Mar 2013, 21:10 15

60. Laura90 (banned) (Posts: 20; Member since: 24 Feb 2013)


Motorolla has 5634 patents which is I really really respect. But, Nokia (including Semiens group) has 16377 patents, which is three times higher than Moto.
On the other hand, Apple has almost 487 silly patents and scream in every court in everyday.

Dear, No one has a chance to play that game against Nokia.

posted on 07 Mar 2013, 02:37 4

71. faisal8708 (Posts: 104; Member since: 15 Nov 2011)


Nokia has patents for touch screen,bluetooth,wifi,colored screens good luck making phones without those features

posted on 06 Mar 2013, 14:33 12

3. Sven (Posts: 10; Member since: 19 Feb 2009)


Come on boy, you did something bad, really bad! Nokia you went bad this time.... so sad

posted on 06 Mar 2013, 18:36 5

44. MrJerry (Posts: 393; Member since: 05 Oct 2012)


So true

Honestly I had a respect to Nokia itself.
I just don't like their trolls but now it seems they are following their own trolls

posted on 06 Mar 2013, 19:21 9

52. -box- (Posts: 3789; Member since: 04 Jan 2012)


"Friend of the court", not "friend if the plaintiff/defense". Important difference. Technically they could be a friend to either or both sides on individual patents. Very intriguing.

posted on 06 Mar 2013, 14:37 15

4. urtard (banned) (Posts: 82; Member since: 30 Jan 2013)


this is how desperate nokia is LOL

let the thumb downs begin!

posted on 06 Mar 2013, 14:45 17

5. NokiaFTW (Posts: 2006; Member since: 24 Oct 2012)


It has begun (that thumbs down includes me) .

posted on 06 Mar 2013, 14:50 6

6. Hemlocke (unregistered)


If fandroids are upset about this, just wait until they see the newest ComScore numbers. I predict much gnashing of teeth and tearing of hair.

posted on 06 Mar 2013, 16:24 3

20. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


More like Samsung fans than Android fans might be upset...

Comscore, sales, marketshare....all that matters is no one is tied into a single prodoct.

posted on 06 Mar 2013, 17:53 7

30. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


It's normal for Apple to have their ups in the US...

I'm sure you've been around long enough to know that...

posted on 07 Mar 2013, 05:31 1

78. Andrea (banned) (Posts: 52; Member since: 07 Mar 2013)


nokia fails with wp as every one.

The biggest patenttroll is ms = nokia

Old specs BETA OS not for meeeee

posted on 06 Mar 2013, 15:02 5

7. Droid_X_Doug (Posts: 5752; Member since: 22 Dec 2010)


The general trend (at least in the U.S.) is licensing. Sales bans are a draconian remedy that necessarily requires a high standard to be granted. Apple has a pretty high burden to meet to get a sales ban, which is why Judge Koh did not grant it to them. I doubt the Court of Appeal will see things any differently.

posted on 06 Mar 2013, 15:04 9

8. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


is this because sammy refused to give parts or screens to nokia?

posted on 06 Mar 2013, 15:19 17

12. Sarajevo (Posts: 37; Member since: 30 Nov 2012)


No, Nokia is trying to stop taking Sammy as subcontractor. They found Sammy is "borrowing" their technology without asking them...

posted on 06 Mar 2013, 17:12 2

22. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


ah ok. just wondering. i know there are some misleading articles out there and so i just had to ask the question. that was all

posted on 06 Mar 2013, 17:16 4

24. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


also a question.... what technology did sammy take from nokia?

posted on 06 Mar 2013, 18:07 8

33. pwnarena (Posts: 891; Member since: 15 Feb 2013)


they mentioned some specific OLED pixel arrangement before. they went to samsung to have it produced only to hear in the later days that sammy cannot produce them. soon they found out sammy intended to use it for their products. that's in some article here not so long ago.

posted on 06 Mar 2013, 18:17 2

39. mityblumpkin (Posts: 14; Member since: 06 Mar 2013)


i actually think i remember seeing that one. i wonder how everything will finally end

posted on 06 Mar 2013, 18:13 3

36. MrJerry (Posts: 393; Member since: 05 Oct 2012)


So you are saying that Nokia has been shut up all the years till now and all of sudden, thought Sammy might be borrowing their tech without asking? lol
Well, then Sammy might have a superpower or something to borrow things

posted on 06 Mar 2013, 15:10 4

9. Nathan_ingx (Posts: 3012; Member since: 07 Mar 2012)


Oh man! This is news!!
Wonder what analysts will make of this!!!

posted on 06 Mar 2013, 15:15 10

10. Sarajevo (Posts: 37; Member since: 30 Nov 2012)


Nokia is the only company that almost do not need to use other's patents in mobile communications at all. So, in this area Nokia is still main player. Do not forget how much money they put in R&D each year. Nokia sharply decrease this amount in 2012, but it is still bigger than amount that Apple and Samsung spent in the same purpose. So...

posted on 06 Mar 2013, 17:23 7

25. VZWuser76 (Posts: 1379; Member since: 04 Mar 2010)


While they do have a huge wireless patent portfolio, don't forget that Moto had the first cell phone. Martin Cooper from Moto is considered the father of the mobile phone. So if people question Moto's patents, Nokia's should come under scrutiny as well.

The main issue I see with this is disparity in the patent system. Nokia & Apple don't want to license their patents to others, yet have no problem using Standard Essential patents that the owner is REQUIRED to license for a nominal fee. Can someone tell me how that is fair? They can use other's ideas for reasonable costs but won't share theirs'.

They believe that by not having to share their ideas, it will spur innovation, when in actuality it will only bring about a new way to accomplish the same task. While that is innovation, wouldn't these people be better utilized coming up with completely fresh ideas rather than finding a new way to do the same thing? Plus, that could also give one or two companies a stranglehold on the market while competitors figure out a workaround. Since they apparently are in this together, the industry could end up with a de facto monopoly.

posted on 07 Mar 2013, 01:30 3

69. MrJerry (Posts: 393; Member since: 05 Oct 2012)


Well said
Very logical and clear!
The best illustration on this matter I've ever read
But it's sad you still got two reds.

I bet nothing will work for those two guys

posted on 07 Mar 2013, 16:57

88. Sarajevo (Posts: 37; Member since: 30 Nov 2012)


Nokia and Moto have the bigest patent portfolio in industry, almost 2/3 of everything. Nokia has almost twice bigger portfolio than Moto. But, if you spent huge money on R&D like Nokia, and somebody else want to spend almost nothing (like Samsung for example) but he likes to use your patents, who is evil here?

If you are talking about development of humans in general, companies like Nokia are bringing benefits to us, not companies that copy other's ideas, and only take from other and give them nothing.

So, if you look on things from this angle, I think it is understandable that companies like Nokia want to protect their investment, aknowledge and efforts to bring something new. If they are not alowed to earn and take back money they invested they will stop improve and inovate things, and that is way to stagnation not development.

It is not forbiden to Samsung or HTC to create their own solutions and resolve technical problems on their own way. But than they have to spend more money and be usefull for the rest of the world..

posted on 06 Mar 2013, 18:16 3

37. MrJerry (Posts: 393; Member since: 05 Oct 2012)


Seriously Source?

posted on 06 Mar 2013, 22:01 4

64. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


Have to agree with others....dont underestimate Motorola's patents and contributions to mobile communications.

posted on 07 Mar 2013, 10:44 1

81. -box- (Posts: 3789; Member since: 04 Jan 2012)


Ericcson's, too.

posted on 06 Mar 2013, 15:16 6

11. tuxpower (Posts: 10; Member since: 26 Jul 2012)


I'm surprised anyone still takes anything that FOSS Patents writes seriously anymore.

FOSS Patents == Microsoft/Oracle Shill.

Just sayin...

posted on 06 Mar 2013, 15:46 3

13. Taters (Posts: 2950; Member since: 28 Jan 2013)


Okay. I loved the Lumia 800, even bought my ex gf one. No they are on my blacklist. I can't stand companies that think they invented everything and who believe broad patents accomplish anything except slow development.

posted on 06 Mar 2013, 18:09 7

34. pwnarena (Posts: 891; Member since: 15 Feb 2013)


then you don't understand why intellectual property laws were created. maybe you're a huge fan of music, movie, and software piracy.

posted on 06 Mar 2013, 19:23 1

53. Taters (Posts: 2950; Member since: 28 Jan 2013)


I know why they were created but it isn't effective at all. It basically just prices out innovative companies from entering the industry more than anything else.

posted on 06 Mar 2013, 19:29 6

55. -box- (Posts: 3789; Member since: 04 Jan 2012)


Nokia did a hell of a lot to get wireless tech off the ground and widespread around the globe, along with Motorola and Ericsson. They have been pretty hands-off folks licensing their stuff as long as they ask first. This isn't a blind support of one particular company, just being an independent third party "friend of the court" to help the court understand things better. That is very good because last time was a bunch of paid-off filibustering talking heads who were paid to throw their support towards the company that paid them.

posted on 06 Mar 2013, 15:50 5

15. InspectorGadget80 (Posts: 6443; Member since: 26 Mar 2011)


SIMPLY HATE THIS B.S. and why would NOKIA would support a TYRANT company that BAN others

posted on 06 Mar 2013, 15:55 6

17. UrbanPhantom (Posts: 949; Member since: 30 Oct 2012)


It's time for new lawsuits and bans against copy-cat Android devices, and especially the upcoming Samsung Galaxy IV. No doubt they'll have ripped off additional features from Apple, and possibly from Nokia too! It seems that a global product ban may be justified...

posted on 06 Mar 2013, 16:25 6

21. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


Of course the GS3 has already ripped Smart Scroll, Rotate, Pause from Apple...

:/

Samsung is moving beyond the norm...and still gets hated on?

posted on 06 Mar 2013, 17:26 5

26. Taters (Posts: 2950; Member since: 28 Jan 2013)


It is called irrational hatred. Something people here know all too well.

posted on 06 Mar 2013, 17:31 3

28. UrbanPhantom (Posts: 949; Member since: 30 Oct 2012)


if Samsung has not been guilty of theft, then they would have been fined, reduced though that fine may be...

You Android fans waste much time defending companies which need no defending. Let the courts determine their fate, either innocent or guilty, as that is not for you to decide.

posted on 06 Mar 2013, 18:45 3

45. corporateJP (Posts: 1555; Member since: 28 Nov 2009)


I didn't see anyone come to the town hall when Apple jacked design elements from Sony and LG.

I could tell you from my own perspective that the first Galaxy line (Fascinate, Mesmerize, etc.) BADLY ripped off the UI from Apple, but I'd like to see one person actually explain and prove to me how a Droid Charge or anything NEWER (*ahem*...S3 Mini) steal from Apple's designs or interface.

I hope Nokia rakes Samsung over the coals if they did steal screen technology, because that's how it SHOULD be.

But, you're a fool (or a blind loyalist) if you believe all of Samsung's current line came from Apple's playbook.

posted on 06 Mar 2013, 21:27

61. quakan (Posts: 1183; Member since: 02 Mar 2011)


Project Purple...that is all.

http://www.phonearena.com/news/Apple-counterstrikes-with-a-2005-Purple-phone-prototype-moves-to-dismiss-the-Sony-Jony-design-as-evidence_id32801

posted on 06 Mar 2013, 17:36 5

29. VZWuser76 (Posts: 1379; Member since: 04 Mar 2010)


You're absolutley right. Samsung shouldn't copy other companies, they should outright steal from them like Apple has done. Don't believe me? Search Apple and Xerox. Without Xerox, Apple (& Microsoft for that matter) wouldn't have the GUI that is used everywhere today. Before that it was holes in paper and white text on a black screen.

It amazes me how we have so many industry insiders who comment here on PA. Please, give me a few examples of what the Galaxy S4 is stealing from Apple & Nokia, otherwise if you can't you're talking out of your ass.

posted on 06 Mar 2013, 18:47 2

46. corporateJP (Posts: 1555; Member since: 28 Nov 2009)


Well said.

posted on 06 Mar 2013, 19:05

48. UrbanPhantom (Posts: 949; Member since: 30 Oct 2012)


VZ, If there was any proof to support what you claim, it would have already surfaced by now, and Apple would be made to pay fines. However, you are in steep denial if you believe that Samsung did not infringe upon any of Apple's paents, otherwise the courts would not have delivered a guilty verdict....

posted on 07 Mar 2013, 00:34

66. VZWuser76 (Posts: 1379; Member since: 04 Mar 2010)


I'm not the only one in steep denial, look at any industry,you see designs and features that mimic each other between competitors. If every industry litigated like Apple has done, it would completely overload the court system. I mean seriously, have you not noticed similar features and designs on competing products but with different names? How is that different than Siri & S Voice?

As far as proof of the Xerox deal, it's pretty much common knowledge. Everything I've ever read on the early days of computers, especially about Microsoft & Apple, has something about it. Did I see it happen for myself? No. So I guess it never happened then.

posted on 07 Mar 2013, 00:41

67. VZWuser76 (Posts: 1379; Member since: 04 Mar 2010)


Here's an article that pretty much sums it up.

http://investorplace.com/2012/03/apple-in-court-like-the-1990s-all-over-again-aapl-msft-xrx/

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