UPDATE 4-Qualcomm patent ruled invalid in German Nokia case

Wed Jul 23, 2008 3:01pm EDT
 
[-] Text [+]

(Adds delay of Delaware hearing in paragraphs 6-7)

By Tarmo Virki

HELSINKI, July 23 (Reuters) - The German Federal Patent Court ruled on Wednesday that a Qualcomm Inc (QCOM.O) GSM patent asserted in a case against the world's top cellphone maker Nokia (NOK1V.HE) was invalid.

The companies have been at legal loggerheads since failing to renew a technology license pact that expired on April 9, 2007.

Analysts estimate that Nokia pays around $500 million a year for the use of Qualcomm patents and it wants to reduce the sum.

Qualcomm says Nokia can continue to pay the same rate of almost 5 percent of phone prices, but Nokia says the rate should be less as it has now free license to Qualcomm's early patents, for which it paid $1 billion over 15 years.

"We absolutely dispute it," said Qualcomm Vice President Bill Davidson.

A key court case that could help solve the argument was due to start on Wednesday in the United States but was postponed for the day after a Delaware court official said the court was having "network problems."

Representatives of the companies at the court denied knowledge of any settlement of the case.

The Delaware court is to decide on the interpretation of standards-setting regulation and on the Nokia-Qualcomm cross-licensing deal.

In April 2007 Nokia offered to continue paying $20 million per quarter, but Qualcomm declined the offer.

The two sides have until the end of 2008 to agree on the new deal.

"We are asking the judge to say, because Nokia is stealing food off the shelf right now and not paying for it, that by continuing to ship products, in fact they are licensed," Davidson said.

SIDE BATTLE

A spokeswoman for the German court confirmed the decision on the patent's invalidity after Nokia first announced it. "This is the third court to conclude that Qualcomm's patent claims against Nokia are without merit," Nokia said.

Qualcomm has filed 11 lawsuits on three continents against Nokia since 2005 claiming the Finnish firm has infringed its patents in mobile phones based on GSM technology, the larger rival to Qualcomm's CDMA technology.  Continued...

 

Featured Broker sponsored link