Olddog: Many times a court will make a such a statement knowing fully that such pleadings already exists. In the UK, it appears IDCC chose to file a separate action alleging NOK has over stated their IP essential position to the standards bodies rather than by way of a cross action. I'm kind of surprised these two cases haven't been consolidated but we must assume they differ just enough that the parties believe consolidation isn't the best route to take.
I have also stated in the past and agree totally with LOOP that they Courts should not getting into the business of determining whether or not patents are essential to a standard. Just reading the decision you posted makes one just see the judge squirming as he tries to deal with this can of worms he opened.
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