The patent license contract between Nokia and Apple will expire at the end of this year. This week, the two sides have prepared to issue a patent for the patent rate issue. Nokia accused Apple of infringing some of its technology patents, and Apple complained that Nokia’s royalties were too high. This shows that it will be difficult for the two companies to reach a new patent license agreement.
When the two sides played the first round of patent wars, Nokia was still the "hegemony" of the mobile phone market; now when the second round of patent wars started, Apple is the "leader" of smart phones.
Many people say that the second round of patent war between Nokia and Apple is because Nokia wants to return to the mobile phone market. Others say that the patent dispute between Nokia and Apple is precisely because Nokia does not produce mobile phones and relies on patent licenses. Earned income.
Deep in the patent whirlpool, Apple said that Nokia is suspected of monopoly, is a patent hooliganism, Nokia said that Apple's long-term arrears, is a patent rogue.
So, what is Apple's rogue? Or Nokia rogue?First engagement: started in 2009, settlement in 2011, terminated by Apple’s payment of royalties
On October 22, 2009, Nokia filed a lawsuit against Apple Inc. to the US federal court in Delaware, claiming that Apple’s iPhones have infringed on 10 patents since 2007, involving wireless data, voice coding, security, and 10 technologies related to GSM, UMTS, and LAN standards, such as encryption technology.
On December 11, 2009, Apple launched a counterattack, claiming that Nokia's E71, 5310, N900 and other models all infringed Apple's 13 patents.
On December 29, 2009, Nokia filed a complaint against Apple's patent infringement with the US International Trade Commission (ITC), requesting a comprehensive ban on import orders, suspensions and suspension of sales orders for Apple's iPhone and other products.
Subsequently, on January 15, 2010, Apple also complained to the US International Trade Commission (ITC) about Nokia patent infringement, requiring a ban on imports for Nokia products.
On May 7, 2010, Nokia and Apple filed a lawsuit against the US District Court for Wisconsin, claiming that Apple's iPhone and iPad products infringed on five key patents of Nokia, including improving voice and data transmission, and using positioning data in applications. .
It can be seen that in the face of Nokia's patent offensive, Apple has not retreated, but has a tit-for-tat contest.
At that time, in 2009, although Nokia was still the "hegemony" of the mobile phone market, its revenue capacity was not as good as that of Apple. In the third quarter of the year, Apple’s iPhone operating profit was as high as $1.6 billion, while Nokia’s was only $1.1 billion.
Therefore, at that time, Nokia initiated a patent lawsuit against Apple, which somewhat blocked the composition of Apple. Of course, the bigger reason was that the two parties failed to reach an agreement in the patent licensing negotiations. Apple’s arrogance angered Nokia.
As early as 2007, when the Apple iPhone was first launched, Nokia and Apple negotiated patent licenses. However, in the initial patent licensing cooperation, Nokia hoped that Apple would pay the patent fees while being able to patent some Apple companies. Achieved cross-licensing cooperation.
In the end, the patent war that began in 2009 was settled in 2011 and ended with Apple paying royalties.
On June 14, 2011, Nokia and Apple officially reached a settlement agreement. In addition to reconciling all legal proceedings against each other, the two companies will also withdraw their complaints against each other from the US International Trade Commission. In addition, as part of the settlement agreement, Apple will pay Nokia the relevant patent fees in a lump sum and promise to pay Nokia the fees associated with the subsequent use of the patented technology.
Fighting again: Nokia globally sues Apple for patent infringement, Apple responds hard
Recently, Nokia sued Apple to the US District Court for the Eastern District of Texas and Düsseldorf, Munich, and Mannheim, Germany, and sued Apple products for infringement of Nokia technology patents, claiming that Apple is on display, chipset, software. And other aspects infringed on 32 patents of Nokia.
On December 22, 2016, Nokia announced that it has initiated 40 patent litigation against Apple in 11 countries including Asia, Europe and the United States.
For a new round of patent litigation initiated by Nokia, Apple once again responded tough.
On December 20, 2016, Apple filed an antitrust lawsuit against Nokia’s nine “allies†companies, accusing them of colluding with Nokia and developing a “design aimed to extort high incomes from Apple and other mobile device manufacturersâ€. plan.
Apple’s allegations of Nokia’s “alliance†companies are patent integration companies (NPE or PAE institutions), including two major defendants, Acacis and Conversant, two subsidiaries of Acacia, Helsinki Memory Technologies, Inventergy, Sisvel, Vringo, and WiLan. A total of 9 companies.
The so-called NPE (Non-PracTIcing EnTITIes, Chinese is a "patent non-implementing entity") or PAE (Patent AsserTIon Entity) means that it does not engage in the production or manufacture of patented products but through patents. A company or company that licenses the proceeds.
It is worth mentioning that among the nine companies, there have been more or less patent transfer transactions with Nokia.
Take Wi-LAN of Canada as an example. In July 2014, Wi-LAN Canada signed a patent license agreement with Nokia for wireless technology related patents related to “CDMA, WCDMA, GSM related patents, HSPA and 4G/LTE technologiesâ€. At the same time, the two sides also reached a patent purchase agreement, Wi-LAN company will acquire Nokia's patents on wireless communication technology related to mobile phones.
To put it simply, many traditional mobile phone manufacturers, such as Nokia, have already withdrawn from the market. However, they have adopted a large-scale patent group accumulated by themselves, or sold them directly to related companies, or through licensing fees, or As a fund-raising company, the patent is still in the development of the smart phone market, and continues to receive a steady stream of commercial returns from the mobile phone market or industry.
And this is exactly the key to Apple's counterattack against Nokia, because Nokia can indeed get a higher commercial return from patent licensing through a "zero-to-zero" approach.
US lawsuit: Negotiation for two years, but Apple refused to pay royalties, the focus is on video decoding technology
Although, Nokia claims that Apple infringes on 32 Nokia patents in displays, chipsets, software and others.
But it is worth noting that Nokia’s case against Apple’s infringement in the United States involved only eight patents.
Nokia’s indictment in the US lawsuit against Apple’s patent infringement shows that there are a total of eight patents involved, mainly related to H.264 video coding related technologies, all of which are standard essential patents.
It is reported that Apple's products including H.264 video encoding support such as iPhone, iPad, iPod, Apple Watch, Apple TV and Mac computers are all suspected of infringement of Nokia patents.
The indictment shows that on August 31, 2014, Nokia notified Apple that Apple was suspected of violating more than 30 patented technologies and invited Apple to negotiate a patent license.
On November 4, 2014, Nokia and Apple met to discuss the patent licensing cooperation. Among them, Nokia explained the advantages and patent value of H.264 video coding related technology to Apple.
Subsequently, on May 12, 2015, Nokia provided a patent license agreement to Apple. On September 22, 2015, at the request of Apple, Nokia and Apple held another meeting and consultation on patent licensing cooperation.
However, until Nokia officially sued Apple, although there were many negotiations or communication between the two sides, it has not been able to reach a cooperation.
The eight US patents involved in the case are “a motion decoding method for video sequencesâ€, “a method of sub-pixel value insertionâ€, “video codingâ€, “a video information encoding and decoding method and motion compensationâ€. A codec device, a method and system for context-based adaptive binary arithmetic coding, and the like.
It can be seen that these patents are all technologies in the field of video decoding.
The key reason why Nokia chose to sue Apple is that, on the one hand, in 2011, Apple and Nokia reached a cooperation on licensing of some patents. On the other hand, for Nokia, other key technologies, including many standard essential patent technologies, Apple No license has been reached with Nokia.
Nokia's latest third-quarter 2016 financial report shows that Nokia's revenue last quarter was 5.95 billion euros, and the company's operating profit was 556 million euros (60 million US dollars).
It is worth mentioning that thanks to the high revenue generated by the intellectual property licensing business, Nokia Innovation Technology's third quarter 2016 net sales increased by 109% year-on-year, and operating profit increased by 168%.
After Nokia’s direct competition from the mobile phone market, patent licensing has become its most important source of revenue, and this is the focus of Nokia’s global lawsuit against Apple.
As for Apple and Nokia, who is a rogue and who is rogue is already self-evident.
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