Nokia Oyj (NOK1V) and Microsoft Corp. (MSFT), both looking to increase U.S. sales of smartphones, stand to get a much-needed boost as Samsung Electronics Co. (005930) products face a possible ban and phonemakers come under pressure to consider alternatives to Google Inc. (GOOG)’s Android software.
A federal jury awarded Apple Inc. (AAPL) more than $1 billion on Aug. 24, saying Samsung infringed on six of seven patents for mobile devices. U.S. District Judge Lucy Koh next month will weigh Apple’s request for a ban on U.S. sales of some devices from Samsung, the dominant maker of Android phones. Some Android-equipment makers may turn to platforms such as Microsoft’s Windows 8 to avoid a similar trip to court, said Carolina Milanesi, of research firm Gartner Inc. (IT)
“After the verdict, I am sure that vendors in the Android ecosystem are wondering how long it will be before they become Apple’s target,” Milanesi said in an interview. “This might sway some vendors to look at Windows Phone 8 as an alternative, and for the ones like HTC Corp. (2498) and even Samsung who have already announced plans to bring to market a WP8 device, how much stronger their investment should be.”
BlackBerry maker Research in Motion Ltd. will largely miss an opportunity to benefit because the first of the new BlackBerry 10 phones it’s counting on to get back in the game won’t arrive until next year’s first quarter, said Horace Dediu, a former analyst for Nokia who now runs mobile-phone industry research firm Asymco.com in Helsinki.
Microsoft Benefits
Microsoft stands to gain the most, Dediu said. The Redmond, Washington-based company has already prevailed in patent disputes with Android user Motorola Mobility, which is owned by Google. Microsoft has won orders that banned U.S. imports of some Motorola devices and limits on sales of some of the company’s products in Germany.
“Microsoft can go in to all these accounts and say, ‘Let us remind you again of the cost of Android,’” Dediu said. “What Microsoft has always had trouble with is getting these vendors to switch,” Dediu said. According to Samsung’s website, it sells dozens of Android phone models, compared to three for Microsoft.
Microsoft could also boast it offers legal protection that Google, by giving away Android for free to vendors, hasn’t provided, Dediu said.
“With Windows phones, you’re protected against IP lawsuits because, if anybody sues, they are going to talk with Microsoft,” he said. “Microsoft can do that because they actually do have their IP pretty well sorted out.”
Nokia’s Partner
Nokia decided to become partners with Microsoft last year after jettisoning its aging Symbian platform that had failed to keep up with Apple’s iPhone and other Android devices. Nokia’s global mobile phone market share slumped to 20 percent last quarter from 23 percent a year earlier, according to Gartner. Android’s share among platforms surged 21 percentage points to 64 percent, while Cupertino, California-based Apple’s iOS had 19 percent.
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