Nokia has filed a complaint against Qualcomm with the Delaware Court of Chancery in the U.S. Nokia is asking the Court to order Qualcomm to abide by its written contractual obligations to international standards setting organisations to license intellectual property essential to GSM and UMTS technology standards on fair, reasonable, and non-discriminatory (FRAND) terms. Additionally, Nokia is seeking a Court order to affirm that Qualcomm is not entitled to injunctive relief in relation to alleged infringement of patents declared essential to a standard. Qualcomm has filed three separate legal actions against Nokia in U.S. Federal Court, a court in the United Kingdom and the U.S. International Trade Commission where it has requested injunctions against Nokia. Nokia says it is taking this action as a defensive measure to ensure there is a consolidated forum for addressing these issues and is asking the Court to enforce Qualcomm's obligation to negotiate royalties on FRAND terms. Additionally, Nokia is asking the Court to affirm the key elements of FRAND, where the two companies to-date have had differing views, to solidify a framework for future intellectual property licensing negotiations. This action seeking resolution through the Court follows the European Telecommunications Standardization Institute (ETSI) dispute resolution process.
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