Today I read an article about how Android's tethering feature, which allows mobile phones to share their Internet connections with other compatible phones and even computers, likely infringes on a key Nokia patent. This, coupled with the fact that Nokia recently won a legal battle against Google and HTC with respect to the proper legal interpretation of
U.S. Patent 5,884,190, makes it appear likely that it will be difficult for Google and HTC to deny patent infringement at their upcoming trial. If Nokia wins, HTC could very likely face a U.S. import ban on their Android phones. Interestingly enough, this patent is only one of 40 that Nokia has asserted against HTC, and it seems likely that with their revised interpretation of the '190 patent solidified, Nokia will be able better leverage its claims against its competitors. Many mobile device makers use this technology, and Nokia has the potential to assert claims against all of them, including Samsung.
(One picture from Nokia's patent)
At this point the main issue in court for Nokia and HTC will involve claim construction, where "...a judge determines how the patent claims will be interpreted and defines the scope of protection conferred by a patent." At this point HTC must either find a way to invalidate Nokia's claim, or they must prove that they have not infringed upon at least one of the specific elements that make up Nokia's "device tethering" claim. So far there have been many mobile device bans that have seemed possible but not likely, however according to the article I read, there is a good chance that HTC could face a ban on its phones in the very near future.
Link: http://www.fosspatents.com/2013/03/android-likely-infringes-nokia-patent.html
I think it's amazing that Nokia engineers were able to think of tethering so much before everyone else. They were really ahead of the game then. Unfortunately, the same can't be said now...
ReplyDeleteI have read the news, but I think the patent is so board to the public. In my opinion, it is kind of unfair to sue others using the patent Nokia assumed. I do agree with Yucal that Nokia's engineers were cool to think about it ahead of others.
ReplyDeleteI wonder if Nokia can find their way back into the mobile device industry. They obviously HAD the brainpower considering they have patents which were filed way ahead of the game, but their failure to adapt has led to their downfall.
ReplyDeletethey don't have to "find their way back to the mobile device industry" if they can collect considerable amount of royalties from these things (another microsoft?). but good point there shayan! :)
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