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Re: dclarke post# 215795

Saturday, 04/12/2008 7:19:49 PM

Saturday, April 12, 2008 7:19:49 PM

Post# of 432732
dclarke, I think IDCC knows they will prevail in the arbitration, because some of the patents were issued before the TDD agreement was signed and were not included in the agreement, and some or all have nothing to do with TDD. And I also believe they think their case is strong at the ITC, and they know that NOK doesn't want to let that case run to completion - too much of a gamble and that would take any negotiating leverage they have at the moment slip away.

My feeling is that they basically had a deal struck with NOK on licensing terms to settle all this, pending the ruling on NOK's attempt to stay the ITC case using the arbitration defense. I don't think IDCC was prepared for the Batts decision. Not that IDCC is afraid of the outcome of the arbitration but rather because I think they thought they finally had backed NOK into a corner where they could force a settlement. Now they are trying to show the ALJ how close they really were until Batts threw this wrench into the works. My speculation is based on the briefing regarding the "limited service" motion.
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