Losing Patents, Nokia’s Attacks Are All in Vain
In the end of 2010, Nokia Corporation (hereinafter referred to as Nokia)filed 5 patent litigations against Shanghai HuaQin Communications Technology Co., Ltd. (hereinafter referred to as Shanghai HuaQin) in Shanghai First Intermediate People’s court, involving 8 patents in total. Soon on next March, Shanghai HuaQin filed all 8 patents invalid request. As of today, 4 patents, which claimed 90 million Chinese Yuan, of 8 patents have already been invalid. Shanghai HuaQin saves all compensation.
After one of patents number CN100401818C (hereinafter referred to as 818’) had been invalid by Reexamination Board, Shanghai Court made final announcement that due to patent description and drawing of patent 818’do not clearly mention particular embodiments of functional characteristics of claims, the contents of functional characteristics cannot be defined and, hence, the scope of claims cannot be confirmed. Further announcement Shanghai HuaQin does not constitute infringement, dismissed Nokia’s lawsuit.
Although Nokia appealed against this sentence at Shanghai Higher People’s Court, result remained first instance verdict, and dismissed the appeal. The judge suggested that “Even if products improve and increase features through software (computer program), it should also be disclosed specific embodiment in order to clearly define the scope of claims. Furthermore, when the invention is related to a computer program, it cannot enclose description of function and effectively.”
Even though Nokia filed patent litigations with 8 patents, it did not get the expected compensation and they are losing their patents because prior art search was not thorough enough and scope of claims was not clear. So far, Nokia’s attacks are all in vain.
Writer ：Project Division, Patent Specialist, Candice Liao