Qualcomm drags Nokia into IP mess over GSM, GPRS patents, joining Broadcom

San Diego (California) - In the latest chapter of yet another embroilment over patents, wireless technology provider Qualcomm has filed suit in federal court against Nokia, claiming its implementation of so-called "2G" or second-generation wireless technologies infringe upon six of the patents in Qualcomm’s growing portfolio.

In a statement released this morning, Qualcomm’s claim is that Nokia has been upgrading its Global Service for Mobile Communication (GSM) and General Packet Radio Service (GPRS) data-over-wireless technologies, in order that existing standards such as these can remain competitive with new and upcoming "3G" standards, due to take their place. Qualcomm also claims patents over EDGE technologies, which raise data transmission capability over GPRS to a theoretical maximum of 236 kbps, though its perceived transfer rate in the US is closer to 135 kbps. For Nokia’s products and services to stay competitive, claims Qualcomm, they must and actually do comply with GSM standards and specifications.

But in so complying, Qualcomm says, Nokia violates Qualcomm’s patents by not having sought licenses. This morning’s statement quotes Louis M. Lupin, Qualcomm’s SVP and general counsel, as saying, "We are disappointed that this has resulted in litigation...Until recently, we had been led to believe that these issues might be resolved cooperatively and amicably." This statement implies that the two companies have been in talks to this point, which might have broken off. Nokia has not released an official comment.

Qualcomm is seeking an injunction against Nokia’s sale of the allegedly infringing products in the US, plus unspecified monetary damages.

Exactly whose patents these are, is a matter of some dispute in itself. Last May, Broadcom, another wireless technology provider, filed suit against Qualcomm, claiming it infringed upon ten of Broadcom’s patents in the GSM field, particularly dealing with multimedia processing, when its phones are deployed over GSM and CDMA networks. In July, Qualcomm responded by suing Broadcom for allegedly infringing seven of its patents, some of which are apparently the same ones allegedly infringed by Nokia. There, Qualcomm is also seeking an injunction against Broadcom’s sale of products in the US, plus damages.

The fact that compliance with GSM standards, as Qualcomm claims, could automatically bring a compliant company within targeting range of Qualcomm’s litigation, may be sending a frightening message to participants in the GSM Association, a global consortium supporting the standard, of which Nokia is a member. Ericsson, Motorola, and Samsung are also members of the GSM Association, which for its part has also not issued a comment.

Depending on how many months old the corporate Web page you’re viewing may be, Qualcomm claims either over 3,000 or over 4,000 US patents in its current portfolio.