International Trade Commission Trial Commences in Case Filed by Qualcomm Against Nokia

(Business News & Technology News, 14 Sep 2007)

Nokia recently announced the commencement of its defense in the United States International Trade Commission (ITC) hearing process for the action brought by Qualcomm against Nokia alleging patent infringement of three Qualcomm patents. The patents are asserted against certain Nokia GSM/GPRS/EDGE devices. The hearing in this matter is currently scheduled for September 10 - 24, 2007.

Qualcomm filed its complaint on June 9, 2006 alleging infringement by Nokia of six Qualcomm patents. The ITC subsequently agreed to initiate an investigation on July 10, 2006, however the case was stayed from February 26, 2007 until June 12, 2007. Since its initial filing, Qualcomm has voluntarily withdrawn three of the six patents from its complaint. The remaining three patents are all from the same patent family and were declared to be essential to GSM standards by Qualcomm, although Qualcomm has subsequently attempted to withdraw its essentiality declaration to one of the patents.

"Nokia is confident that its products do not infringe any of the patents remaining in this case and that the patents are invalid," said Carl Belding, Chief Legal Officer, Nokia. "We look forward to proving that the claims regarding the three remaining patents have no more merit than those already withdrawn by Qualcomm."

Qualcomm declared the three remaining patents at issue to the European Telecommunications Standards Institute (ETSI) as essential to GSM standards. In doing so, it made a binding commitment to license those patents on fair, reasonable and non-discriminatory terms. Despite its obligations Qualcomm is now seeking an exclusionary order, for these declared essential patents, from the ITC.

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