Nokia wins initial US ruling in Qualcomm case

A United States International Trade Commission (ITC) judge has issued an Initial Determination in favour of Nokia in an action brought by Qualcomm against Nokia alleging patent infringement.  The judge found no infringement or violation by Nokia of the three asserted Qualcomm patents. In addition, it was determined that patent '473 was found to be invalid.
“We are pleased with Judge Luckern's decision and believe it is consistent with and supported by the facts," said Rick Simonson, Chief Financial Officer, Nokia. “This decision confirms our belief that Qualcomm does not have relevant GSM patents. This is another failed attempt by Qualcomm to mislead both Nokia and the telecommunications industry.”
Qualcomm pointed out that the decision related only to non-WCDMA devices, and that the decision on whether Nokia has infringed in 3G handsets is still due. It also said it would seek a review of the Trade Commission’s Initial Determination.
“Qualcomm contends that Nokia imports cellular handsets into the United States that infringe these particular Qualcomm patents covering certain power control technologies and is seeking an exclusion order barring the importation of infringing Nokia handsets that use that technology.
“Under applicable ITC rules, Qualcomm intends to petition the Commission for review of the ID (initial determination. A final ruling by the ITC is scheduled to be issued by April 14, 2008. The action does not address Nokia's WCDMA or “3G” products and the ID therefore has no bearing on such products.”
Qualcomm filed back in June 2006 alleging infringement by Nokia of six Qualcomm patents. Prior to the hearing, which began on September 10, 2007, Qualcomm voluntarily withdrew three of the six patents from its complaint.  “The remaining three patents relate to an invention Qualcomm claims it made when developing CDMA technology. Qualcomm declared the three remaining patents as essential to the GSM standard and subsequently attempted to withdraw its declaration on one of those patents,” Nokia claimed in a statement.
 Similar patents, relating to CDMA inventions, are at issue in the European and China cases filed by Qualcomm against Nokia.
“Qualcomm has yet to prevail in any patent litigation action against Nokia despite it having filed 11 lawsuits around the world over the past two years,” Nokia said.
The determination is the latest in a drizzle of legal disputes between the two companies. Nokia and others have claimed that Qualcomm doesn’t license in a fair and non-discriminatory way. Qualcomm has hit back with allegations of patent abuse.