While we are all busy discussing Apple suing HTC for patent infringement, we’re almost forgetting that Nokia and Apple are also embroiled in about ten million lawsuits going either way. The most recent move comes from Nokia, who seeks to dismiss Apple’s antritrust claims using pretty much the same arguments Apple used to counter Psystar’s antitrust claims.
The legal battle between the two companies has been going on for a while now, and I’m sure most of you are up to speed on this one. Part of Apple’s charges against Nokia is that the Finnish company, the world’s largest mobile phone maker, is trying to “monopolise the wireless technology market and seize access to iPhone technology”.
Nokia has asked a US judge to throw out those claims. The company states that Apple’s antitrust and breach of contract allegations are “implausible” and “designed to divert attention away from free-riding off of Nokia’s intellectual property”.
This, of course, sounds remarkably similar to the way the Psystar vs. Apple case unfolded. Psystar claimed Apple was abusing its supposed monopoly position, but Cupertino then retorted with pretty much the same argumentation as Nokia has done today: that the antitrust claims were nothing but an attempt at diversion from the real issue, i.e., Psystar “stealing” Apple’s IP. And well, we all know how that turned out.
In the court filings, Nokia further accused Apple of “revisionist history, misleading characterizations, unsupported allegations and flawed and contradictory legal theories to turn these fruitless negotiations into a multi-count federal lawsuit”.
Because of the glacial pace at which these cases go to court, it will take a very long time before we get to see some action. A trial won’t take place until April or May 2012 (!), but luckily, the ITC portion of the falling-out will take place sooner: hearings are planned for October 2010, and a final decision will come June 2011.
– What the hell is “proprietary technology” about concepts like flicking? It’s not a technology, it’s an idea / algorithm. Microsoft Word is proprietary technology. Word processing is not.
“Microsoft Word is proprietary technology”
Well, sure, but the XML generation portion is unfortunately *not* Microsoft’s technology – they *lost* that lawsuit! Darned evil patent-stealers.*
Even by 2012 this patent battle should still be quite relevant, though. According to Gartner and IDC, Nokia’s Symbian should still dominate the international smartphone market in 2012, with Apple battling for a very significant 4th place with Microsoft (Android Linux and RIM holding the 2nd and 3rd spots, respectively).
Of course, the public would be far better served if these corporations invested in improving software technology rather than in litigation.
* Yes, it’s obvious to generate XML from a Word processor long known to support forms. Software patents *discourage* innovation. End software patents NOW! http://endsoftpatents.org
LOL, Apple musta toss a few million dollars their way.
Jess
http://www.big-brother-watching.net.tc