Nokia iPad Lawsuit
The Nokia iPad lawsuit demonstrates the fact that any
company seeking to remain on top of its niche
must be innovative.
This is true for any business, whether in the service
industry or physical product market. Innovation is the best way to
maintain and expand market share. This is why it is important to invest
in research and development in order to stave off the competition.
But, this is not always easy. R&D is expensive. And
it often takes years to realize the fruits of these efforts.
Products
developed through this painstaking effort are often patented to prevent
rivals from benefiting from the sweat of their own developers.
Patenting
allows the developer to recoup the investment made in research of a
particular product. Some companies loathe the idea of 'paying the
price' and would rather illegally 'acquire' technologies developed by
others. This is the gist of the Nokia and Apple lawsuits.
In the recent past, the cell phone market has
experienced phenomenal
growth. Consumers are increasingly interested in smart phones which
allow access to email, interaction with friends on social networks like
Facebook and Twitter and a host of other applications from the
comfort of their phone.
Smartphone and PDA manufacturers are involved in
cutthroat competition to capture the majority share of
this emerging market. Nokia and Apple, in particular, have been in
fierce
competition especially for the US market. Both have registered many
patents regarding products they have developed.
Lately, there have been allegations of patent infringement.
Apple iPad
The Nokia iPad lawsuit began in May 2010, when Nokia sued Apple for infringing on its
patents in the production of
its iPad product. The technologies in contention facilitate the
reduction in size of the device. And consequently a drop in cost, which
translates to higher profits for the innovator/producer.
In a lawsuit filed in October 2009, Nokia alleges that
Apple violated
at least 10 of its patents, while producing its products. Nokia seeks
an application to bar Apple from importing into the US any of its
hardware products that are a violation of registered Nokia patents. The
alleged products include the iPad3G, iPhone3G, iPhone3GS and the Mac
product range.
Unfortunately, this has degenerated into a reciprocation
game with
Apple responding in December 2009 with a lawsuit of its own alleging
Nokia’s infringing on 13 of its patents. During the same month, Nokia
alleged that Apple had infringed on another seven patents. Nokia has
also gone further to file a complaint with the US International Trade
Commission (ITC) requesting that Apple be barred from importing the
said products. The ITC has already commenced investigations into this
matter.
iPad Cases
The Nokia iPad lawsuit does not appear to be the reason for the
rumored reports clamoring 'iPad launch delayed.' After the iPad 's
release, Nokia broadened its patent fight with Apple to include the
iPad.
Nokia is seeking to obtain an injunction to prevent
further violation
of their intellectual property rights. Their argument is that Apple is
likely to continue infringing on their patents resulting in irreparable
loss to their business. Nokia has sought to have a jury trial and
further seeks that Apple pay damages and interests if found culpable.
In the first quarter of the year, Apple reported
significant revenues
running into billions of dollars from their Mac product line alone. An
injunction would significantly reduce their revenue streams and result
in a drop in share value.
So what will come of the Nokia iPad lawsuit?
"I think the Nokia/Apple lawsuits are a lot of
noise. At
the end of the day, they are both tech-rich companies with tremendous
IP and are probably both "borrowing" each others' technology to some
extent," said Broadpoint AmTech analyst Brian Marshall. "My guess is
this lasts for years and they both issue some cross licenses to each
other," he said.
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