That's the point of NOK's attack. First they intend on getting IDCC into court or arbitration and then file a motion to delay while another friendly court (such as the UK) decides whether the patents are essential. If NOK looses, there is an appeal while at the same time there is another court action to see whether the patents are valid with the possibility of an appeal on that one also. The delay continues to go on for years. Meanwhile no one licenses and IDCC dies a slow death or is severely stunted in it's growth while starving for licensing income. Irreparable harm indeed!
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