He is saying that all manufacturers are licensed under a third party beneficiary status through ETSI and that the price can be determined later. He then tap dances saying when price or rate is negotiated later, it is then that the IPR holder may refuse the license. Nok has refused to negotiate a price thus far so they are licensed to use the patent claims asserted by IDCC. He says the written portion is the ETSI agreement. Apparently, you must assume that the patent claims are essential to producing the product by the manufacturer.
Has Nok or Samsung admitted that the patent claims being asserted are essential? No, the last time I looked they denied that the claims even intersected their products.
If the ITC (our government) buys this guy's bullshit, then it is time for a revolution.
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