InterDigital Inc (IDCC)

[GrnAcrs]

MTJBKH, link to Nokia's positions (i.e. faces)...

NOKIA’s PUBLIC POSITION AS A LICENSEE
vs.
NOKIA’s POSITION AS A LICENSOR

http://pcworld.about.com/gi/dynamic/offsite.htm?site=http://www.qualcomm.com/press/legalnewsroom/pdf/NokiaLicensingPositions.pdf

Exerpts:

Nokia’s expert Erik Stasik (formerly
Ericsson’s director of IP Licensing) testified that
FRAND terms are subjective and not determined by
the European Telecommunications Standards Institute
(ETSI). It is determined by the parties themselves
through bilateral negotiations.

Mr. Stasik's Quotes...

“Moreover, there is no standard anywhere of which
I am aware for what is ‘fair’ and ‘reasonable’.
Indeed there is often substantial and bitter
disagreement between essential patent holders and
potential licensees over what these terms mean”
(source: Stasik report, §35);

“RAND (sic) is not determined by ETSI, it is
determined by the parties themselves through
bilateral negotiations conducted in accordance with
relevant law and in the shadow of legal remedies
available to the patent holder – or by appropriate
courts where the parties cannot agree.”
(source: Stasik report, §36)

“Bundled royalty rates for GSM essential patents
owned by a single patent holder are between 2.5%
and 5% assessed on the net sales price of
infringing products. The actual rate depends on the
number of patents bundled together, the relative
importance of the technologies covered, the
strength of the individual patents, and the regions
involved."

For example, a license for a single
essential patent may be 2.5%, a license for two
essential patents can be 3.5% and a license
for three essential patents can be 4%, while a
license for ten or more essential patents rarely
exceeds 5%.”