Thursday, July 24, 2014 12:45:41 PM
As per Newman's dissent.
"Nokia had raised the scrambling code issue several times, starting with Nokia's pre-hearing brief, then in its post-hearing brief, its proposed Finding of Fact ect."
You are right that Nokia did not present it during the hearing. The reason Nokia presented it after the hearing was because they knew that Judge Luckern claim construction was not tenable but it was too late.
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