ESPOO, Finland, June 11 LAWFUEL- The Law & Litigation Newswire — Nokia (NYSE: NOK) today announced it has filed patent counter assertions against Qualcomm in the Eastern District of Texas Court. The filing relates to Qualcomm’s unauthorized use of 6 Nokia implementation patents in its MediaFLO and BREW businesses. Qualcomm has in previous litigation sought injunctions against Nokia and therefore in this case Nokia is seeking both damages and injunctive relief.
“Nokia has a strong history of innovation in IP broadcast television
and mobile download environments predating Qualcomm’s activities,” said
Tero Ojanpera, chief technology officer, Nokia. “This is another example
where Qualcomm has effectively copied Nokia’s innovations. We believe that, for MediaFLO to evolve and for BREW to remain viable, Qualcomm needs access to these and many other patented Nokia inventions.”
Nokia patents are at the core of MediaFLO and BREW technologies, for
example in ensuring the broadcast quality of service within MediaFLO and in enabling the download of applications with BREW. Nokia has also recently declared another set of patents to the Telecommunication Industry Association (TIA) as essential for the FLO air interface used in MediaFLO.
Nokia has built one of the strongest and broadest IPR portfolios in the wireless industry over the last 15 years through extensive investments in research and development. Nokia will continue to vigorously defend itself against the infringement and unauthorized use of its intellectual property.
Nokia’s patent counter assertions are part of its response to the
Qualcomm lawsuit filed in the Eastern District of Texas, on 2 April, 2007.
In that lawsuit Qualcomm’s three patents-in-suit allegedly involve certain
types of mobile software download and execution environments. Nokia is
confident that the Qualcomm patents are invalid, for example, based on the alleged inventions having been patented or published by other companies, including Nokia, before Qualcomm. In addition, Nokia believes its products do not infringe any of the patents.
Nokia is the world leader in mobility, driving the transformation and
growth of the converging Internet and communications industries. Nokia
makes a wide range of mobile devices and provides people with experiences
in music, navigation, video, television, imaging, games and business
mobility through these devices. Nokia also provides equipment, solutions
and services for communications networks.
It should be noted that certain statements herein which are not
historical facts, including, without limitation, those regarding: A) the
timing of product and solution deliveries; B) our ability to develop,
implement and commercialize new products, solutions and technologies; C)
expectations regarding market growth, developments and structural changes; D) expectations regarding our mobile device volume growth, market share, prices and margins; E) expectations and targets for our results of operations; F) the outcome of pending and threatened litigation; and G) statements preceded by “believe,” “expect,” “anticipate,” “foresee,”
“target,” “estimate,” “designed,” “plans,” “will” or similar expressions
are forward-looking statements. These statements are based on management’s best assumptions and beliefs in light of the information currently available to it.
Because they involve risks and uncertainties, actual
results may differ materially from the results that we currently expect.
Factors that could cause these differences include, but are not limited to: 1) competitiveness of our product portfolio; 2) our ability to identify key market trends and to respond timely and successfully to the needs of our
customers; 3) the extent of the growth of the mobile communications
industry, as well as the growth and profitability of the new market
segments within that industry which we target; 4) the availability of new
products and services by network operators and other market participants;
5) our ability to successfully manage costs; 6) the intensity of
competition in the mobile communications industry and our ability to
maintain or improve our market position and respond successfully to changes in the competitive landscape; 7) the impact of changes in technology and
our ability to develop or otherwise acquire complex technologies as
required by the market, with full rights needed to use; 8) timely and
successful commercialization of complex technologies as new advanced
products and solutions; 9) our ability to protect the complex technologies, which we or others develop or that we license, from claims that we have infringed third parties’ intellectual property rights, as well as our unrestricted use on commercially acceptable terms of certain technologies in our products and solution offerings; 10) our ability to protect numerous Nokia patented, standardized, or proprietary technologies from third party infringement or actions to invalidate the intellectual property rights of
these technologies; 11) our ability to manage efficiently our manufacturing and logistics, as well as to ensure the quality, safety, security and timely delivery of our products and solutions; 12) inventory management risks resulting from shifts in market demand; 13) our ability to source
quality components and sub-assemblies without interruption and at
acceptable prices; 14) Nokia’s and Siemens’ ability to successfully
integrate the operations, personnel and supporting activities of their
respective businesses as a result of the merger of Nokia’s networks
business and Siemens’ carrier-related operations for fixed and mobile
networks forming Nokia Siemens Networks; 15) whether, as a result of
investigations into alleged violations of law by some current or former
employees of Siemens, government authorities or others take actions against Siemens and/or its employees that may involve and affect the
carrier-related assets and employees transferred by Siemens to Nokia
Siemens Networks, or there may be undetected additional violations that may have occurred prior to the transfer, or ongoing violations that may occur after the transfer, of such assets and employees that could result in additional actions by government authorities; 16) the expense, time,
attention and resources of Nokia Siemens Networks and our management to
detect, investigate and resolve any situations related to alleged
violations of law involving the assets and employees of Siemens
carrier-related operations transferred to Nokia Siemens Networks; 17) any
impairment of Nokia Siemens Networks customer relationships resulting from the ongoing government investigations involving the Siemens carrier-related operations transferred to Nokia Siemens Networks; 18) developments under
large, multi-year contracts or in relation to major customers; 19) general economic conditions globally and, in particular, economic or political turmoil in emerging market countries where we do business; 20) our success in collaboration arrangements relating to development of technologies or new products and solutions; 21) the success, financial condition and performance of our collaboration partners, suppliers and customers; 22) any disruption to information technology systems and networks that our
operations rely on; 23) exchange rate fluctuations, including, in
particular, fluctuations between the euro, which is our reporting currency, and the US dollar, the Chinese yuan, the UK pound sterling and the Japanese yen, as well as certain other currencies; 24) the management of our customer financing exposure; 25) allegations of possible health risks from electromagnetic fields generated by base stations and mobile devices and lawsuits related to them, regardless of merit; 26) unfavorable outcome of
litigations; 27) our ability to recruit, retain and develop appropriately
skilled employees; and 28) the impact of changes in government policies,
laws or regulations; as well as the risk factors specified on pages 12-24
of the company’s annual report on Form 20-F for the year ended December 31, 2006 under “Item 3.D Risk Factors.” Other unknown or unpredictable factors or underlying assumptions subsequently proving to be incorrect could cause actual results to differ materially from those in the forward-looking statements. Nokia does not undertake any obligation to update publicly or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.