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This appears to be nothing short of a declaration of war between Nokia and Apple which potentially paves the way for extensive and prolonged litigation.
The action filed in Delaware, USA, seeks compensation for infringement of 10 “essential” patents that it argues are “fundamental to making devices which are compatible with one or more of the GSM, UMTS and wireless LAN standards”. This has parallels with previous legal disputes, in particular between Nokia and Qualcomm. That litigation focussed principally upon the extent to which certain patents were in fact essential. Here, the battle ground may be more upon whether Nokia’s patents are infringed and of course whether they are valid.
Nokia’s press release suggests that the litigation was preceded by a period of negotiation between the companies. Its decision to get heavy may therefore be an attempt to put commercial pressure on Apple in those negotiations.
The more interesting long-term issue is whether other holders of essential patents will follow suit and bring claims against Apple.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.
Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.
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