UK High Court rules Qualcomm patents invalid

Nokia cleared of infringement

Written by Ian Williams

This is the second court to conclude that Qualcomm does not have relevant and valid GSM patents

Rick Simonson Chief financial officer, Nokia

A UK High Court judge has issued a ruling in favour of Nokia in the action brought by Qualcomm against the mobile giant in May 2006.

The judge determined that all of Qualcomm's asserted GSM patent claims are invalid and that Nokia does not need to compensate Qualcomm for the patents.

"We are pleased with the Court's decision that the patent claims are invalid and believe it is consistent with, and supported by, the facts," said Rick Simonson, chief financial officer at Nokia.

"This is the second court to conclude that Qualcomm does not have relevant and valid GSM patents."

In a separate case filed by Qualcomm against Nokia, the US International Trade Commission (ITC) last week ruled against Qualcomm's petition for a review of Judge Luckern's Initial Determination issued on 12 December 2007.

This ruling concluded that Nokia does not infringe the three alleged Qualcomm patents in the case, and that one of the patents is invalid. The ITC investigation has now been terminated.

Commenting on the ITC ruling, Qualcomm general counsel Don Rosenberg said: " While Qualcomm is disappointed with the ITC decision, we are focusing on the recent consolidation of the arbitration with the case in Delaware.

"We believe that the consolidation will resolve many important contract disputes between Nokia and Qualcomm more quickly and efficiently.

"The consolidation will bring these disputes before one of the most respected courts in the country and we are preparing for the tentative trial date of 21 July 2008."

Simonson believes that the UK and US findings are further evidence of Qualcomm's "overstating its position as an industry innovator and demanding compensation for patents that are not relevant or valid".

Similar patent disputes brought by Qualcomm against Nokia GSM products are still ongoing in separate cases filed in China, Europe and the US.

The parties have agreed temporarily to stay these patent infringement lawsuits pending court proceedings in the Delaware Chancery Court.

Nokia is attempting to render the suits null and void through patent invalidation actions filed against Qualcomm continue in China and Germany.

Qualcomm was unavailable for comment on this latest decision at the time of writing.

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