Patent war: defeat RIM facing Nokia filing new complaints

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Each day, his new episode of global patent war. Yesterday, we learned qu'Ericcson attacked Samsung. Today is Nokia who returned to the charge against RIM, a strong victory in Sweden.

The manufacturer of the BlackBerry has indeed lost a large handle before Swedish arbitral tribunal which found that it violated patents of its competitor covering the WLAN technology (wireless local access network) or Wi-Fi.

RIM has been found guilty of breach of contract and could be forced to suspend sales of its terminals that ship all this technology. A ban could affect several countries since Nokia has used this victory for today filing new complaints in the United States, Great Britain and Canada to enforce this decision.

"We have launched proceedings in the US, UK and Canada in order to end the breach of the terms of a contract by RIM," said Nokia in a statement.

FRAND license or not?

"If a sales ban was imposed, it would be a huge blow to RIM even as it prepares the transition to the new software BlackBerry 10 platform," said Pete Cunningham, Canalys analyst, quoted by Reuters.

There nevertheless unlikely that this prohibition effective one day, the two giants have an interest in finding common ground. There remains the question of price.

Nokia intends to leverage its patents, but RIM believes without doubt that these disputed patents should be considered "essential" and therefore subject to the regime of FRAND license.

The latter covers standardized technologies (such as Wi-Fi) to be open to the entire industry, against reasonable licenses to avoid any abuse of dominant position.

But Nokia contests this approach. "Nokia and RIM agreed in 2003 on a cross-license patents essential in mobile telephony for the establishment of standards, which was amended in 2008," said the Finnish group.

"In 2011, RIM has requested arbitration, arguing that the license was beyond essential technologies for mobile telephony. In November 2012, the arbitral tribunal [Stockholm, note] ruled detriment of RIM. He felt that RIM violated the contract and was not authorized to manufacture or sell WLAN products without previously agreed with Nokia on a royalty, "he added.