It’s no secret that Apple Inc. (NASDAQ:AAPL) wants to completely ban Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) smartphones, but now it appears that Nokia wants to join in on the fight. Apple wants to overturn a ruling that would prohibit the ban of Samsung smartphones which infringe on Apple’s patents.
Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) thinks that Apple Inc. (NASDAQ:AAPL)’s recent compensation award for the patent infringement from Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) is great, but the fact they didn’t get to impose a permanent junction on the sales may turn the U.S. patent system into a compulsory licensing system.
The Finish tech company made an outline in an amicus brief that was filed with the United States Courts of Appeals. Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) is now challenging the court’s decision which says the patent holder needs to share proof of a “casual nexus” between the patented feature and source for the demand of the alleged infringing product. Judge Lucy Koh threw out Apple’s bid to ban twenty-six of Samsung’s gadgets that infringed on Apple Inc. (NASDAQ:AAPL)’s patents.
Apple Inc. (NASDSAQ:AAPL) was at fault for not providing links that showed the harm done by Samsung’s infringements. If they wanted to win a permanent injunction, they would need to provide the evidence, they would show that consumers are purchasing the infringing product over theirs because of a specific feature.
The lawyers for Nokia Corporation (NYSE:NOK) (BIT:NOK1V) (HEL:NOK1V) argue that the requirement of sharing such links “severely restrict, if not outright eliminate in some circumstances, the ability of a patent holder to obtain injunctive relief.”
This could also make supplying the casual nexus even more burdensome and thus make it nearly impossible to supply. It could also make patent holders to license the technology to competitor companies.
So far, Nokia Corporation (NYSE:NOK) is the only tech company that’s backing Apple Inc. (NASDAQ:AAPL) in hopes of overturning the ruling. Just last week, Judge Koh cut back Apple’s award from $1.05 billion to $450 million.