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Re: loophole73 post# 208447

Tuesday, 03/04/2008 7:55:14 AM

Tuesday, March 04, 2008 7:55:14 AM

Post# of 436109
loophole,

Before Mr. Ayne's testimony can even be accepted by the ALJ, the ALJ has to makes 6 or 7 decisions and all favorable to Nokia with Nokia providing clear and convincing evidence in everyone of those decisions. I can not see how Nokia can jump over any of the hurdles and Nokia would have to jump over all the hurdles in order for Mr. Ayne's testimony to have any meaning.

The first is whether the patents are essential? The ALJ has to have clear and convincing proof that the patents are essential. It would have to be NOK providing clear and convincing evidence that IDCC patents are essential.

I will list the other questions.

2. Is there an implied contract?

3. Does the implied contract have the same status as a written or verbal contract?

4. What is the French law concerning contracts?

5. What does the French law have to say about contracts that does not have a price?

6. Is it applicable to this US case?

mo



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