Nokia’s lawsuit against Apple over iPhone likely a negotiating tactic over licensing fees

Headline Legal News

CrunchGear's Jeremy Kessel recnetly spoke with "Barry L. Cohen, Esq.,who specializes in commercial and business litigation and intellectualproperty litigation and licensing at Thorp Reed & Armstrong,[regarding] his thoughts on the Nokia v. Apple matter at large.According to Mr. Cohen, because Nokia has been successful in licensingthe patents at issue with dozens of other companies, the Finnishcompany most likely felt confident that it would be able to reach anagreement with Apple as well. When the negotiations reached an impasse,Nokia was essentially left with no other choice but to pursue legalrecourse."

"Filing the lawsuit against Apple is most likely, at least in part, adeliberate strategy to put more pressure on Apple to agree to the termsthat Nokia has requested with regards to licensing the patentedtechnologies," Kessel reports. "Because the 10 patents at issue include'fundamental' cellular technologies, the lawsuit may also have beenmotivated by some (or many) of the other companies who are alreadypaying licensing fees to Nokia and want Apple to do the same."

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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