Determination expected in Nokia case early in 2007
The International Trade Commission will investigate a complaint, filed a month ago by Qualcomm, requesting that Nokia be barred from importing phones that “infringe” Qualcomm patents.
The ITC will seek to determine whether Nokia is acting unfairly by importing phones which may infringe Qualcomm’s patents.
Qualcomm, for its part, requested on 9 June that the ITC issue an Exclusion Order to bar importation of “infringing” Nokia handsets . The company also wants a Cease and Desist Order to bar further sales of infringing Nokia products that have already been imported and to halt the marketing, advertising, demonstration, warehousing of inventory for distribution and use of such imported products in the United States. The accused products include handsets for use in GSM/GPRS/EDGE networks.
The case has been referred to the presiding administrative law judge, who will schedule and hold an evidentiary hearing and then make an initial determination which is expected to be issued in the first half of 2007.
Following Qualcomm’s June complaint, Nokia said that it considered most of the patents under dispute to be covered by its existing license agreement with Qualcomm.
Nokia added that Qualcomm’s flurry of legal activity is motivated by the US vendor’s concerns that, in the face of a changing climate driven by 3G UMTS, its dominant grip on wireless IPRs is slipping. Consequently Qualcomm is focussing on technologies that have been in the market for many years, Nokia says.