Lenovo COVID-19 Concerns Rebutted by Nokia at ITC
Critics of Nokia’s complaint seeking an exclusion order on allegedly infringing Lenovo devices “fail to raise any cognizable” concerns that “merit burdening” the International Trade Commission with a “fact finding” on public interest implications of an import ban, replied Nokia…
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Wednesday (login required) in docket 337-3466. The issues unique to the standard-essential patents (SEPs) on H.264 video compression asserted in Nokia’s complaint justify building a public interest record, argued the App Association, the Computer & Communications Industry Association and Google (see report, July 21 issue). Banning the Lenovo goods couldn’t come at a worse time, with the COVID-19 pandemic taxing supplies of laptops and tablets, said critics. Nokia countered the “accused Lenovo products are a small fraction of the U.S. supply.” Any void “could easily be replaced by over a dozen competing makers, including Microsoft, Samsung, and Dell,” it said. It’s untrue, as CCIA “boldly argues,” that "the ITC is never a proper forum for investigating” infringement of any SEP, said Nokia. “Such a prohibition would be a drastic shift” from policy, it said. “Exclusion orders must be available as a remedy for SEP holders to maintain a balanced patent system and avoid harming innovation and competition,” the company said. A Dec. 19 joint policy statement from DOJ, the National Institute of Standards and Technology and Patent and Trademark Office supports that, it said.