Fact is, Nokia's patents have been accepted by other companies who have been willing to act honestly. Not so with Apple.
Fact is, in Apples response to Nokia's suit, Apple explicitly states Apple is using those Nokia patents and recognizes those patents as valid. Apple is contending Nokia has turned down Apples payment of the GSM standards body Fair, Reasonable And Non-Discriminatory licensing terms. So the Apple-Nokia case isn't really a patent case at all because everyone in the case agrees on the patents in question, it is a licensing fees case. As in what is the acceptable licensing rate when all players are members of a standards body and have agreed to license standards relevant patents with standardized FRAND rates and terms.
I think a possibility is that the court sides with Nokia because the GSM standards body agreements are not binding on the court system. But that would completely blow up the GSM standards body FRAND agreements and either Nokia could be censured/penalized or the whole play nice with each other so we can all make money on cell technology gets shit-canned because trust in the standards body as a safe haven to cooperate is dead.
This case is a classic case of beware what you ask for because you might get it, and that it may have some very unpleasant unexpected consequences.
This case is a classic case of beware what you ask for because you might get it, and that it may have some very unpleasant unexpected consequences.
A great case in point example is Apple Comuters, Inc. v. Apple Corps. Apple Computer paid Apple Corps on many occasions spanning 3 decades.
In September 2003, Apple Corps sued Apple Computer again, this time for breach of contract, in using the Apple logo in the creation and operation of Apple Computer’s iTunes Music Store, which Apple Corps contended was a violation of the previous agreement.
Apple Corps rejected a US$1 million offer from Apple Computer to use the Apple name on the iTunes store. On 8 May 2006 the court ruled in favour of Apple Computer, with Justice Mann holding that “no breach of the trademark agreement [had] been demonstrated”. [...] The Judge held Apple Computer’s use was covered under this cause.
The judgment orders Apple Corps to pay Apple Computer’s legal costs at an estimated UK£2m, but pending the appeal the judge declined Apple Computer’s request for an interim payment of UK£1.5m.
Not only did Apple Corps not get the $1M they also had to pay Apple Computer's and their court costs and have little to no avenue for future cases against Apple's music store.
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Fact is, Nokia's patents have been accepted by other companies who have been willing to act honestly. Not so with Apple.
Fact is, in Apples response to Nokia's suit, Apple explicitly states Apple is using those Nokia patents and recognizes those patents as valid. Apple is contending Nokia has turned down Apples payment of the GSM standards body Fair, Reasonable And Non-Discriminatory licensing terms. So the Apple-Nokia case isn't really a patent case at all because everyone in the case agrees on the patents in question, it is a licensing fees case. As in what is the acceptable licensing rate when all players are members of a standards body and have agreed to license standards relevant patents with standardized FRAND rates and terms.
I think a possibility is that the court sides with Nokia because the GSM standards body agreements are not binding on the court system. But that would completely blow up the GSM standards body FRAND agreements and either Nokia could be censured/penalized or the whole play nice with each other so we can all make money on cell technology gets shit-canned because trust in the standards body as a safe haven to cooperate is dead.
This case is a classic case of beware what you ask for because you might get it, and that it may have some very unpleasant unexpected consequences.
This case is a classic case of beware what you ask for because you might get it, and that it may have some very unpleasant unexpected consequences.
A great case in point example is Apple Comuters, Inc. v. Apple Corps. Apple Computer paid Apple Corps on many occasions spanning 3 decades.Not only did Apple Corps not get the $1M they also had to pay Apple Computer's and their court costs and have little to no avenue for future cases against Apple's music store.