InterDigital Inc (IDCC)

[mschere]

The Three IDCC 2G Patents at issue in the U.K. are included in Convenience Licences of Nokia,S/E, LG etc etc..These Convenience Licenses include IDCC's ENTIRE Patent Portfolio..The ICC Arbitral Panel has already concluded that they did not require a Court Finding on the essentiality or even Validity of these Patents to establish that S/E's license with IDCC triggered Nokia's 2G financial obligation with IDCC..IMO:The U.K. 2G Trial is "Much ado about NOTHING"..Especially when these Patents are included in COMMERCIAL Contracts..The Court is not involved when there is a BINDING ARBITRATION clause in all IDCC Contracts..


The Court of Appeal’s conclusion was not affected by the fact that Nokia had a licence under the patents. InterDigital had argued on that basis that there was no real dispute between the parties but the Court of Appeal was satisfied that that was not the case. The essentiality or its degree affected the value of a patent. The opinion of the Court as to “essential” or not was not merely an advisory opinion. It was a real, live, commercial question between the parties.