A team of intellectual property litigators and ITC experts at Alston & Bird recently led mobile handset giant Nokia to a critical victory in an important International Trade Commission investigation. The preliminary decision, which was issued in December of 2007, was made final by the International Trade Commission on February 28, 2008.
The stakes were high for Nokia in this Section 337 action brought by rival Qualcomm. An unfavorable result would have jeopardized the ability of Nokia to function as a wireless device provider in the U.S. marketplace, as Qualcomm's requested remedy would have halted importation of the majority of Nokia's products.
In the Investigation — In Re Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof, Investigation No. 337-TA-578, Qualcomm asserted that Nokia had infringed upon six of its patents that practiced the GSM (Global System for Mobile communications) standard. The GSM standard is the wireless telephony standard most used world-wide by network providers such as T-Mobile and AT&T here in the United States.
The team, spearheaded by intellectual property partners Keith Broyles and John Haynes and ITC partner Paul Brinkman, led Nokia to victory in this matter. The Honorable Paul J. Luckern, administrative law judge, issued the preliminary decision in December of 2007 adopting the key positions put forth by the Alston & Bird team with respect to the three remaining patents in suit. Alston & Bird had already successfully gotten three of the original six patents dismissed from the lawsuit based on key strategic decisions made by the Alston & Bird team early in the case.