International Trade Commission rules in favor of Nokia
White Plains, NY, USA - Nokia announced today that a United States International Trade Commission (ITC) judge issued an Initial Determination in favor of Nokia in the 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 filed its complaint on June 9, 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.
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.
The judge’s Initial Determination will now be forwarded to the full Commission for review. The Commission is scheduled to make its Final Determination by April 14, 2008.
Nokia is the industry leader in wireless innovation and the development of GSM technologies. Nokia has built one of the strongest and broadest IPR portfolios in the wireless industry over the last 15 years, including more than 250 GSM declared essential patent families, through extensive investments in research and development.
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