Earlier this year the ITC, part of the US executive, found that
some Qualcomm chips for use in mobile phones infringed patents held
by rival Broadcom and banned their import. The US Trade
Representative Susan Schwab recently refused to overturn the
ban.
Now Nokia is seeking a ban on the import of some Qualcomm
products, claiming that they infringe its patents.
"Qualcomm's unfair trade practices include importing products,
selling products for importation, and/or selling products after
importation, and inducing others to import products such as
handsets, that infringe Nokia patented technology in certain
Qualcomm GSM/WCDMA and CDMA2000 chipsets," said a Nokia
statement.
Nokia said that the patents refer to technology to improve the
performance and efficiency of mobile phones.
"There is significant evidence to warrant an ITC investigation
into Qualcomm's business conduct," said Rick Simonson, chief
financial officer of Nokia. "We are taking this action to
stop Qualcomm's practice of copying Nokia's patented technology,
without permission, and making these innovations available to its
chipset customers.
"We are seeking the same remedies Qualcomm has sought against
Nokia in multiple venues around the world," said Simonson. "Nokia
will continue to ensure its rights and competitive advantage is
protected."
The ITC's decisions can be appealed through the court system.
Qualcomm is already appealing the Broadcom-related ruling. That
court case had to wait until Schwab's ruling on a veto was issued
earlier this month.
The call for an ITC investigation is the latest move in a
complicated web of patent disputes involving Qualcomm, Broadcom,
Nokia and others that stretches back to 2005.
In 2005 Nokia and others complained to the European Commission
about Qualcomm's behaviour over standardisation for third
generation (3G) mobile phone networks. Nokia said that Qualcomm
agreed that it would not over-charge for licences to its technology
if it was incorporated into industry-wide standards.
Once those standards were set, argued Nokia, Qualcomm levied
charges that were excessive and disproportionate. That case is
ongoing.
A week later Qualcomm filed a suit in the US alleging that Nokia
infringed 11 of its patents. Nokia filed another suit in Europe in
recent weeks arguing that the patents on which Qualcomm's cases
rest have expired in Europe.
