Nokia filed a patent lawsuit against Apple over its wildly successful iPhone, alleging that Apple is somehow “attempting to get a ‘free-ride’ on the billions of dollars” in Nokia’s telecommunication work. But a quick read of the opening arguments alleged by Nokia may be a sign of nothing more than jealousy over Apple’s continued worldwide iPhone marketing success, just as the device is expected to be released in China.It reads more like a playground fight started by Nokia. Here’s why.
Instead of initially focusing on the merits of the case, Nokia is heavy on simply Apple, boasting that it:
– “is the world’s largest manufacturer of mobile telephones”
– “is one of the champions of wireless communications”
– “received numerous awards and accolades for its achievements”
– “introduc[ed] the first car phone”
– had “the world’s first genuine GMS call”
– made the “Nokia 9000 Communicator [in 1996]…the first all-in-one phone, fax, calendar, e-mail and Internet device in a hand portable size.”
– made “the first Push-to-Talk GSM handset”
Noka maintains that it tried to license technologies to Apple, but that the company “rejected Nokia offers for the [Fair Reasonable and Non-Discriminatory (’F/RAND’) terms and conditions.” Even if Apple paid it millions for allegedly ‘past due’ F/RAND patent licensing fees, Nokia claims that Apple would still enjoy the market share it otherwise would not have but for the period of “free riding.” Translation: Nokia acknowledges that Apple’s iPhone sales have been, and continue to be spectacular, cutting into the Finnish company’s smartphone and mobile handset sales.
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