The U.S. International Trade Commission staff has issued a memo to ITC Judge Charles Bullock stating that Nokia shouldn’t be found liable of infringing upon Apple’s patents. “The evidence will not establish a violation” of Apple patent rights, the staff said in a pre-trial memo which was released yesterday. Apple is seeking to block imports of Nokia phones into the U.S. on the basis of patent infringement. Bloomberg reports that the memo also states that if Judge Bullock does find that there was a violation of Apple’s patents by Nokia, that he should recommend an order to block specific models of Nokia phones, as opposed to the company’s entire product line. Bullock is not required to follow the staff’s position, and is expected to release his findings on the matter in February; his ruling will be subject to review by a six-member commission.
Nokia first filed suit against Apple in October 2009, claiming that the iPhone infringes on several Nokia patents; Apple filed a countersuit claiming patent infringement in December. The lawsuits were followed by an ITC complaint from Nokia near the end of the year, alleging that Apple infringes on the Finnish company’s patents “in virtually all of its mobile phones, portable music players, and computers.”
The ITC launched an investigation into Nokia’s claims against Apple in late January; it announced a similar investigation into Apple’s claims against Nokia in February. In March, a federal judge in Delaware signed an order halting litigation between Nokia and Apple pending resolution of the companies’ respective claims with the U.S. International Trade Commission (ITC); Nokia then sued Apple again in May, alleging that the iPhone and iPad with Wi-Fi + 3G infringe on five of its patents.
