Tuesday, December 27, 2016

Apple and Nokia Battle Over Cellphone Patents; New York Times, 12/22/16

Vindu Goel and Mark Scott, New York Times; Apple and Nokia Battle Over Cellphone Patents:
"Central to the latest dispute between Apple and Nokia is what is a fair and reasonable fee to use Nokia technology that is now part of every smartphone. Patent lawyers say there has been a tradition of charging a modest royalty for patents on standard technologies. Previously, Nokia fought bitter legal battles with other smartphone makers, including Samsung and LG, over how they used its patents.
As Nokia seeks to require Apple to pay to license more of its patents, some of its recent claims may be hard to justify. In one of its lawsuits filed on Wednesday, it says Apple is violating a patent Nokia received two months ago for an electronic device case that includes a hole for a camera lens in the back and room for a battery beneath the display, features that have been common to smartphones for many years.
Still, Mr. Roberts said American courts have been skeptical of patent-related antitrust claims like those by Apple. “The whole point of the government granting these patents is that it was giving the inventor a monopoly over that invention,” he said.
But Apple and Nokia are fighters, and too much is at stake for either to give up easily.
“What is a fair return on technology that has been shared with everyone?” Mr. Brismark of Ericsson said. “You have to create the right incentives for tech pioneers.”"

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