Nokia wins Qualcomm patent case

 

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By Reuters

Posted on 3 Mar 2008 at 12:46

The world's top mobile phone maker, Nokia, has won a patent case against US chipmaker Qualcomm British High Court.

Qualcomm claimed Nokia had infringed two of its European patents in Nokia's GSM mobile phones, and sought an injunction that would have stopped Nokia selling products using the GSM patents in question in Britain.

The judge ruled the first patent was invalid for "lack of novelty" and "obviousness", and four claims of the second patent were invalid for "lack of inventive step".

Qualcomm said it was disappointed but the British legal battle was a side-issue in the larger dispute between the two firms in 3G patents. "We are disappointed, but not devastated," said Andrew Gilbert, the head of Qualcomm's European operations. He said the firm was "actively considering whether to seek the request to appeal."

The two companies have been at legal loggerheads since they failed to renew a key technology licensing pact that expired on 9 April 2007. Analysts have estimated Nokia pays around $500 million (£250 million) to Qualcomm annually for patents, and it wants to cut the sum.

Last month, Nokia and Qualcomm agreed to consolidate their US arbitration case in Los Angeles with the legal case in Delaware, and put on hold the ongoing and potential patent litigations between the two firms.

"Any disappointment I might have is more than tempered by the Delaware consolidation. I think anything what gets us in the position of resolution is good for us, I think ultimately good for Nokia and certainly good for the industry," Gilbert said.

Qualcomm has also sued Nokia over the same or similar GSM patents in the United States, Germany, France, Italy and China.

The US International Trade Commission last week ruled in Nokia's favour in a similar case, but other cases have not yet reached a verdict or settlement.

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