A Luxembourg Patent Hub Launches Patent Litigation Against Apple iPad’s and iPhone’s
Core Wireless Licensing S.a.r.l. has initiated patent infringement litigation against […]
March 8, 2012
Core Wireless Licensing S.a.r.l. has initiated patent infringement litigation against Apple, Inc. in a US District Court.
Core Wireless alleges that wireless communications devices sold by Apple, including the Apple iPad and iPad2, and Apple’s iPhone 3G, 3GS, 4 and 4S models, practice a variety of technologies covered by standards essential patents owned by Core Wireless.
Headquartered in Luxembourg, Core Wireless Licensing S.a.r.l. owns a major portfolio of 2,000 wireless patents and patent applications, originally filed by Nokia. On September 1, 2011, Mosaid Technologies, one of the world’s leading intellectual property management companies, acquired Core Wireless.
“Core Wireless owns one of the world’s strongest wireless patent portfolios – including patents that are fundamental to the operation of global 2G, 3G and 4G wireless networks. We are asserting that because certain Apple products infringe Core Wireless’ patents, Apple must compensate Core Wireless for the value of the inventions they are using. Accordingly, we are seeking a global licensing solution.”
Phil Shaer, Manager, Core Wireless Licensing S.a.r.l.
What’s really in this kind of IP Box in Luxembourg ?
Why Luxembourg to set the patent ? Gary Cywie, Partner, Technologies & IP at mnks Law Firm explains: “To favor R&D activities and positioning the Grand Duchy as a major place for intellectual property management in Europe, the Luxembourg government has enacted a statute implementing a regime known as the ‘IP Box’ providing for very attractive tax measures for developing and maintaining intellectual property rights in Luxembourg. The IP Box regime among others provides for an exemption of 80 % on net income derived from certain qualifying intellectual property rights. To date, the main intellectual property rights concerned include author’s rights on software, patents, trademarks, designs & models and domain names, whether registered to cover the Luxembourg territory or any other territory in the world.
The IP Box regime as well as additional and competitive VAT rules have already attracted to Luxembourg some of the world major technology and development companies. Further developments are being considered to cover a broader scope of intellectual property rights and to ensure the leading position of Luxembourg in European R&D and technologies market.
Gary Cywie, Partner, Technologies & IP at mnks.
Core Wirelss in the heart of Apple’s products?
Core Wireless owns a portfolio of 400 patent families, consisting of approximately 2,000 wireless patents and patent applications. The patents and patent applications cover technologies used in a wide range of mobile communications devices and services. One hundred of the patent families, consisting of approximately 1,200 patents and applications, have been declared essential to second, third and fourth-generation communications standards, including GSM (Global Systems for Mobile communications), UMTS / WCDMA (Universal Mobile Telecommunications Service / Wide-Band Code Division Multiple Access) and LTE (Long Term Evolution). The balance of the portfolio consists of approximately 800 wireless implementation patents.
Core Wireless alleges that Apple’s iPad and iPhone products infringe eight of Core Wireless’s U.S. patents. The patents-in-suit are all standards essential. Core Wireless is seeking judgment that the patents have been and/or continue to be infringed, enhanced damages, mandatory future royalties on current and future Apple products that infringe the patents-in-suit, and other remedies.