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Nokia iPad Lawsuit

It is like the clash of Titans, the Nokia iPad lawsuit case. This issue probably is already over I believe but it is not and still pretty much alive in the court in the United States, and I guess the lawsuit between Nokia suing iPad is still being fight in the court of law. Currently Nokia is looking for a way to really teach iPad a lesson and expanding its legal attack on iPad.

It must be something very serious that Nokia is willing to spend so much time, efforts and money to sue iPad in the court of law. This is all about patent rights and Nokia believe iPad violate five Nokia patents according to federal court.

The patents, which cover signal-to-noise modulation, geo-location and antenna technologies, are different than the 17 patents Nokia has claimed Apple infringed in two earlier federal lawsuits.

"We have taken this step to protect the results of our pioneering development and to put an end to continued unlawful use of Nokia's innovation," said Paul Melin, Nokia's general manager for patent licensing, in a statement Friday.

The filing is the latest in the legal hostilities between Nokia and Apple. In October 2009, Nokia claimed Apple infringed 10 of its patents related to wireless technologies used in the iPhone. Apple counter sued in December, charging Nokia with violating 13 of its patents.

Also in December, Nokia followed its first lawsuit with another that alleged Apple infringed seven additional patents.

Both companies have filed complaints with the U.S. International Trade Commission (ITC), asking that their rival be barred from importing infringing products. The ITC has approved both complaints, and will investigate.

Apple is embroiled in other legal battles over its mobile products. The company faces an ITC investigation prompted by a complaint by Eastman Kodak that the iPhone infringes on several of its camera patents. In March, Apple sued handset maker HTC, charging the Taiwanese company with violating numerous patents. HTC manufactures several phones powered by Google's Android mobile operating system.

Nokia's newest lawsuit, filed Friday in a Wisconsin federal court, names the iPhone, iPhone 3G, iPhone 3GS and iPad 3G as the Apple products that infringe its five patents.

Apple began selling the iPad 3G on April 30.

"Apple's unauthorized use of the patents-in-suit in its products at the time of their sale allows it to charge less for its products because it does not have to recover the costs of development of the technology used in the device," Nokia's lawsuit said. "This allows it to obtain market share that it would otherwise not be able to obtain were its products to bear the costs for the patented technology."

According to research firm IDC, Nokia is the world's leading handset maker, with an estimated 39% of the global smartphone market in the first quarter of 2010. By comparison, Apple held the No. 3 spot -- also behind BlackBerry-maker RIM -- and controlled a 16% share.

Nokia's lawyers asked that Apple be barred from infringing the patents, and that the company be forced to pay an unspecified amount in damages.

Nokia declined to comment on whether it would file a similar complaint with the U.S. ITC regarding the five new patent infringement claims. Apple did not reply to a request seeking comment.

Source: ComputerWorld.com

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