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Saturday, August 16, 2008 6:56:16 AM
Seems to me Nokia's strategy here may not be that complex. Right now, it has the luxury of having Samsung fight the battle of IDCC's patents (including their validity and FRAND issues). If Samsung wins, Nokia will latch itself onto that victory demanding more lower, if any, royalty rates - and it can do so without having to fight. If Samsung loses, then Nokia will not face an importation ban, and know that it may just have to pony up. In either case, it is to Nokia's advantage to let the Samsung case play out and see what happens. Thus, by seeking a petition en banc and then likely review from the U.S. Supreme Court, Nokia can attempt to stall for several more months (i.e., until the Samsung preliminary and perhaps final rulings are out). Of course, one big risk in that strategy is that Nokia is allowing Samsung a lot of control over its own destiny, a strategy which we have seen fail in the past in the S/SE matter (though, Nokia may have different arguments than Samsung so they may not be completely joined at the hip).
Recent IDCC News
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