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Thursday, 11/30/2006 2:44:07 PM

Thursday, November 30, 2006 2:44:07 PM

Post# of 432931
I'm ignorant regarding legal issues,but is there any way IDCC could file some legal action that would require a Markman Hearing to determine essentiality of their patents, rather than relying on a judge to make this determination based on the arguments of both parties.The major flaw regarding the standards board,is that it only establishes what is considered essential to that particular technology and then allows anyone to proclaim essentiality without any system in place to actually determine if it is essential.There has to be a way for some unbiased third party to establish concretely if a particular patent is essential,without going thru years of litigation with each party involved.This flaw was most likely set up to benefit those in power positions with cross licensing capabilities,and to the detriment of companies such as IDCC.We come back to the central question of what action can IDCC take to establish once and for all that its ipr is essential and that nok etal are using this technology in their handsets?Even more pressing is what can we do that won't take years and years to run its course? Putting our ipr on the auction block, might be a way of finding what the industry really thinks of our technology,without going thru the lenghty process of lawsuits etc. Just a thought, but something needs to be done to stop this delay, so that we can properly monetize our assets.JMHO
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