Nokia (
News -
Alert) has announced that a United States International Trade Commission (ITC) judge issued an Initial Determination in favor of Nokia in the action brought by Qualcomm (
News -
Alert) against Nokia alleging patent infringement by certain Nokia GSM
devices.
According to Nokia, the judge did not find the company infringing or violating the three asserted Qualcomm patents. In addition, it was also determined that patent 473 was invalid.
On June 9, 2006, Qualcomm had filed a complaint 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 had declared that the three remaining patents are essential to the GSM standard, however the company subsequently attempted to withdraw its declaration on one of those patents. At present, similar patents, relating to CDMA inventions, are at issue in the European and China cases filed by Qualcomm against Nokia.
“We are pleased with Judge Luckern's decision and believe it is consistent with and supported by the facts,” Rick Simonson, Chief Financial Officer at Nokia, said in a press statement. “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, Simonson pointed out, 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 Initial Determination by the judges will now be forwarded to the full Commission for review. The Commission is expected to make its Final Determination by April 14, 2008.
Anshu Shrivastava is a contributing editor for TMCnet. To see more of her articles, please visit her columnist page.
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