Phone companies go to war over patented technology

Added on : 04 February 2010
Filed under : Patents, Designs & Copyright

The US International Trade Commission (ITC) is being kept busy at the start of 2010 with technology rows between a number of mobile phone companies. In separate complaints, Nokia, Apple, Motorola, RIM (the makers of the Blackberry phones) and even Kodak are trying to protect or exploit patented technologies.

Kodak has filed a complaint against both Apple and RIM, alleging that the companies are using its patented technology for previewing pictures. Kodak is asking the ITC to prevent both companies from shipping phones that use the technology, claiming that it has already spent several years in talks to resolve the issue without a legal battle. The ITC has previously ruled in favour of Kodak in similar complaints against Samsung and Sun Microsystems.

In a separate complaint, Apple has accused Nokia of infringing several of its patents and has asked the ITC to stop the phone company importing into the USA. This is the latest in a string of complaints and counter-complaints between the two companies, which began in October 2009 when Nokia sued Apple for infringement of 10 patents.

And most recently, Motorola has submitted a complaint to the ITC against RIM, alleging that the Blackberry manufacturer has been making use of patented Motorola Wi-Fi technology and again asking the ITC to prevent RIM from shipping its products into the USA.

With ever increasing numbers of complaints being brought to the ITC it is clear that this option is becoming popular with patent holders where products which infringe one or more of their patents are imported into the US. A complaint to the ITC can be used instead of a patent infringement action before one of the US District Courts or the complaint may be run in parallel with an infringement action. We at SH&P are happy to provide guidance on the similarities and differences between these routes for enforcing patent rights in the US and on their suitability, depending upon the facts of a case.