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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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.