Yea, I'm no lawyer but it sounds like Nokia's expert is arguing that, by declaring patents essential to the ETSI, IDCC is offering a license to all manufacturers. Apparently, according to French law, a lease contract (which he likens to a license) doesn't require the price to be determined at the time of the contract, so there is already an implied contract and Nokia is licensed! According to his argument, the price of the license, and the fact that Nokia isn't paying anything for the license, are not important.
I can't imagine that the ITC is going to say "sure, you're licensed and it doesn't matter if you don't pay anything for the license because the French say so".
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