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Nokia Claims Apple Does "Legal Alchemy" To Mask IP Theft

CWmike writes "Nokia asked a federal judge last week to toss out Apple's antitrust claims, saying the iPhone maker indulged in 'legal alchemy' when it tried to divert attention from its infringement of Nokia's intellectual property. The filing was the latest salvo in a battle that began in October 2009 when handset maker Nokia sued Apple, saying the iPhone infringed on 10 of its patents, and that Apple was trying 'to get a free ride on the back of Nokia's innovation.' Apple countered in December with a lawsuit of its own that not only claimed Nokia infringed 13 of its patents, but that Nokia also violated antitrust law by legally attacking Apple after it declined to pay what it called 'exorbitant royalties' and refused to give Nokia access to iPhone patents. 'These non-patent counterclaims are designed to divert attention away from free-riding off of Nokia's intellectual property, a practice Apple evidently believes should only be of paramount concern when it is the alleged victim,' Nokia charged in the motion. Apple is on a legal roll, having also recently sued the maker of Google's Nexus One, HTC, for patent infringement."

2 of 294 comments (clear)

  1. I hope Bilski invalidates them all by linuxrocks123 · · Score: 5, Interesting

    Hopefully the Bilski decision will come out and invalidate software patents. Then these companies can get back to competing on innovation.

    --
    vi ~/.emacs # I'm probably going to Hell for this.
  2. Re:RAND by kylant · · Score: 5, Interesting
    Have you ever considered that both sides of the story might be true?

    Apple has a rather unusual model to sell its phone: From what we've heard Apple demands not only a one-time sales price from the operators (as most other mobile manufacturers do) but also a part of the monthly fee paid by iphone-customers. If Nokia licenses its patents for a percentage of the sales price (a common practice) they could also have asked for a percentage of the monthly fee (and justly so, if you ask me, as Apple just spreads out the sales price over a longer period of time). Apple on the other side might object to being the only GSM-manufacturer that has to pay a monthly fee.