Tuesday, January 5, 2010

How Nokia became a bully - The next steps in the Nokia-Apple saga

Christmas was a busy time for Nokia’s external counsel who filed i) a complaint against Apple at the ITC, and ii) another lawsuit claiming most if not all of Apple’s products infringe on Nokia’s patents. The new claims extend the scope of the earlier wireless patents to cover for example various aspects of Apple products’ user interfaces.

In other words, its all out war on the patent front and attorneys are getting excited. One cannot help to wonder, however, whether Nokia’s helping its image as a struggling mobile giant by attempting to use, often obscure, patent law to stop its competitor from taking more market share. Many already believe that patent law has outlived its welcome and is unsuited to the task of both encouraging and protecting innovation. In fact, on the face of it, the case looks like an example of _stifling_ innovation in that a struggling company is trying to stop an innovative competitor.

I cannot comment on the new complaints, as I have not seen them. However, I think the way Nokia is handling the case is hurting its image and makes it look like a grumpy bully resorting to all means possible to prevent it from losing. I think this is likely to be far from the truth, but unless Nokia comes out in the open to explain to the community at large what its intentions are and the reasoning behind its case (instead of giving PR department produced quotes to the media) the amount of money they receive from Apple in an eventual settlement might not be worth as much as the harm done to their image.

Come on Nokia. Don’t forget you are not only fighting in court, but you are also fighting for your customers. In the end, its what the latter group thinks that matters.

[Via http://copyleftlaw.wordpress.com]

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