“You’ve got a friend in me,” Nokia seems to be telling Apple when it filed its amicus brief with the U.S. Court of Appeals in support for Apple’s patent claim against Samsung, in particular Apple’s bid for permanent injunction against certain Samsung devices.
According to Judge Lucy Koh, who ruled on the Apple vs. Samsung case, Apple failed to “link any harm it suffers directly to Samsung’s infringement” on a patent-by-patent basis. As such, the burden would have been on Apple to prove that customers specifically buy the infringing products — in this case, Samsung smartphones — specifically because of the features allegedly in infringement of Apple’s patents.
In its brief, Nokia argued that Judge Koh erred in her ruling that Apple needs to establish a “casual nexus” between its patented features and the demand for its phones before an injunction could be granted. This could set a dangerous precedent and “could cause wide-ranging damage to the United States patent protection landscape,” Nokia argued.
The deadline for amicus filings was actually set for February 19, but Nokia requested for a 14-day extension, which was granted. According to Reuters, no other company had submitted their briefs in support of Apple’s case. Meanwhile, Samsung’s brief is not due for a few weeks, and supporting firms can submit their amici briefs afterwards.
But why the support? Recall that Nokia, at one point, had also been embroiled in bitter patent battles against several companies — sometimes as plaintiff and sometimes as defendant. This includes Apple, but Nokia had a cross-licensing deal with Apple sometime in 2011, with both companies exchanging licenses for each other’s patented technologies. “Nokia is thus both a significant patent owner that might seek an injunction to protect its patent rights, and a manufacturer in an industry in which patent owners routinely issue threats of injunctions for patent infringement,” writes Keith Broyles, attorney for the Finnish company.
Are Nokia and Apple strange bedfellows? Not exactly, as the two companies already have a mutually-beneficial deal, in which Nokia has received cash for each iPhone sold, and continues to receive royalties. When it comes down to this, would other Android manufacturers likewise express support for Samsung through filing an amicus brief in the Korean firm’s favor? Or has Samsung grown too big for its own good and that of the Android ecosystem that other brands are also wary of giving their support?
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This is a move made by two dying companies trying to delay the inevitable..
So stupid… In the consumer world..which I live in and work with customers daily.. For one thing.. It looks bad when a company or companies attack another and sue them for childish reasons.. Makes the consumer not wanna support that subside company.. Not unless they were already a sturdy follower. I for one never liked apple and am laughing at there pitty .. And now Nokia… Oh plz Nokia.. No one wants you!. If its anything its Nokia and HTC that need to get lost.. Now as for like companies that offer good products and strive to assist and plz there customers.. Like Samsung.. Thats what people want. Weather there strong or not…there technology is going fast… From s3 to s4.. Less then a year… That’s amazing !.. And not the tab 3.. I don’t support Sammy anymore but I love what there doing.. I support android its truest form by staying with nexus products… Anyways.. Ya Nokia is a deadbeat company anyways which is where apple is heading
Nokia getting mad that their phones aren’t selling like hot cakes?
I dislike Nokia with a passion, more than Apple. The irony is i was the biggest Nokia fanboy just two years ago with the N900/N9, then they decided to go against the consumer and everything they stood for by ditching not just the freedoms of Meego but also Android and jumping into the most garden walled jail OS. Not to say i’m a Sammy fan but now I just wish that relics like nokia and HTC would just vanish, i’ll even take a blackberry over Nokia. I’ve accepted the fact they chose Windows, not a big deal but to rub salt into the wounds by having an idiot CEO who continually bash the superior competition just reeks of sour grapes. I for one won’t be weeping when they vanish into further decline.
” could set a dangerous precedent and “could cause wide-ranging damage to the United States patent protection landscape,””
Well matey, US patent office and the system are f!ked anyway. From the historical beginnings of the US patent office, it was really nothing more than a play ground for patent fishers, thieves, and other bureaucratic mess. I would hate to drag out old luggage, but since the inception of the US patent office, it was used more as an excuse to persecute overseas companies and companies that earned millions off the patents that they did not invent nor knew anything about.
The standards of most accepted patents are ridiculous, all ideas, zero implementation. It’s like all the applications were done by people on their bed jotting down all the good ideas before they went to sleep.
And we all know clever little bastards like Apple and Nokia have been abusing this stupid system for decades. I personally think IEEE should come down upon the US patent office and burn it to the ground.
a pathetic move by nokia.
one rotten apple company is enough. now another pathetic company joins in, and surprisingly it’s nokia ?
Desperate,times for Nokia begging cash from Apple for two minute support
If Nokia was any longer relevant, then I would care. For now, I wouldn’t worry.
Nokia better come out with some android phones of their own. or else they’d look like the newest bunch of trolls. they ripped off the notification dropdown from android, and several other features onto their symbian platform sometime back. there’s no such thing as a pure design anyways, everyone gets influenced by others. if nokia’s got hardware patents, then maybe – they’ve got a case. or else, they’ll look like trolls like apple
My old Nokia flaying like a bird 2 minutes ago, 30 meters and cracks like a egg, bey bey!
If You can’t beat them ….er…..sue them
You peeps simply don’t seem to get the point…
We can probably all agree that the US patent system is f*cked; let’s face it, if Apple can succesfully sue other companies for making vaguely squarish phones with touchscreens, something’s wrong!
This, however, is another story: we’re talking about a judge telling a patent holder that they will have to prove that they’re losing money because someone else is infringing on their patent (however silly this patent may be) – compare this to a judge telling you he won’t procecute the fellow who stole your wallet because you might have had your wallet stolen later by some other fellow anyway…
oh plz nokia.. without google android u are dead.