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| Alias Born | 01/02/2003 |
Monday, March 03, 2008 6:21:00 PM
When did French law dictate what happens in the US? The fact remains, products are being imported into this country and payments are not being made to the patent owner. No matter what some French guy says, there is no contract in the good ole USA IMO. For a contract to be in force according to my memory of business law classes over 20 years ago, there must be consideration for a contract to be valid. No consideration, no contract in the US, at least that is what I was taught LOL. I bet there are other socialist and communist countries that have even more idiotic laws that would probably support Nokia's grand theft also, are they going to try bringing those laws and interpretations over here to support their theft too?
Message In Reply To:
Revlis
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.
MO
loop
Message In Reply To:
Revlis
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.
MO
loop
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