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Comment by illumen | Hacker News Reader

This is a really strange press release from Apple... to me it makes Apple sound bad.

First they make the Nokia quote stand out as the most, over their other points. Then Apple uses the word 'reinvent' in the first line of the third paragraph. This is exactly what Nokia are claiming they've done. Let us look at all the things they've reinvented:

* osx, unix clone.

* ipod, mp3 player clone.

* itunes, winamp clone.

* iphone, smart phone clone.

* ilife programs, each are a clone of many existing programs (movie editor, photo editor, sound editor, web page maker etc).

They do a lot of credit claiming for things they didn't invent. If you just listened to Apple PR, you'd expect they invented all of those things. It is really strange that they are proving what Nokia has said about them in their own press release!

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The third paragraph is boiler plate applied to all press releases. Granted, in this case it is longer than the press release.

The actual press release, the first two sentences, is almost certainly crafted to match the Nokia press quotes from their suit:

"The basic principle in the mobile industry is that those companies who contribute in technology development to establish standards create intellectual property, which others then need to compensate for," said Ilkka Rahnasto, Nokia's Vice President of legal and intellectual property, in a statement. "Apple is also expected to follow this principle. By refusing to agree [upon] appropriate terms for Nokia's intellectual property, Apple is attempting to get a free ride on the back of Nokia's innovation."

Assuming each side can make a few patents stick then they are probably headed for a cross licensing deal.

Actually, I think a cross-licensing deal is precisely what Apple is trying to avoid.

There's no discernible reason for Apple to have not licensed Nokia's patents in the beginning, given what other licensees pay. So it seems likely that Nokia was looking for terms above and beyond what they ask from other licensees.

Which, in this case, would almost certainly have included licenses to use some Apple-patented technologies.

Having seen further Apple statements today I agree with you. Nokia is looking for a way in to the Apple patents.

'Reinvent' is mostly irrelevant in a patent infringement case.

If your invention includes all the elements of a claim in a granted patent, even if you came up with it in isolation, you're still infringing on that patent.

Saying you came up with it in parallel only protects you from treble damages from willful infringement.

And patent claims (while flawed works of man and deliberately twisted works of lawyers) are far more precise and narrow than 'unix clone' or 'mp3 player'. Infringing a patent requires something far closer to the original than an iPod to a Nomad or iLife to Office.

It's just a press release. Marketing != reality.

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