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Nokia Sue Apple in New Rocket Docket, the W.D. of Wisconsin

Posted: Wednesday, May 12, 2010 @ 11:24 am | Written by Gene Quinn | Comments Off
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Posted in: Apple, Companies We Follow, Gene Quinn, IP News, Articles, Patent Litigation, Patents

On May 7, 2010, Nokia Corporation escalated its patent war with Apple, Inc., by filing yet another patent infringement action against Apple in the United States Federal District Court for the Western District of Wisconsin.  The complaint filed by Nokia alleges that Apple is violating U.S. Patent Nos. 6,317,083; 6,348,894; 6,373,345; 6,603,431; and 7,558,696, through the importation and sale of certain wireless communication devices and services, such as the Apple iPhone, Apple iPhone 3G, Apple iPhone 3GS, and Apple iPad 3G.  But why Wisconsin?  Nokia is from Finland and Apple is a California corporation, so what could possibly be the reason for filing suit in Wisconsin?

Mark A. Lemley, William H. Neukom Professor, Stanford Law School and partner in the San Francisco law firm Durie Tangri LLP, may just have the answer.  In a new and extremely enlightening study conducted by Professor Lemley he ranks District Courts that have resolved 25 or more patent infringement cases on the merits in the last decade, which yields 33 District Courts.  His extensive research provides insights into which District Court has the fastest average time to resolution, the fastest time to trial, the highest patentee win rate and the highest percentage of cases that go to trial.  The Western District of Wisconsin scores out quite well, particularly in terms of speed.  The average patent litigation is resolved in .56 years, just over 6 months, in the Western District of Wisconsin, which ranks first in terms of time to resolution for patent infringement actions.  The Western District of Wisconsin also ranks first in terms of average time to trial, with the average being .67 years, or just 9 months to trial in patent infringement actions.  Also, 7.4% of cases proceed to trial, which is third highest.