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Re: mickeybritt post# 254693

Saturday, 03/28/2009 4:23:19 PM

Saturday, March 28, 2009 4:23:19 PM

Post# of 436062
Mickey

IDCC can still let a jury decide, but they either must drop the ITC action or wait until a decision is rendered by the ITC in order to lift the stay in the DE court. It is much cheaper for Nok to play a 3 to 4 year litigation game, since IDCC has entered into licenses with others at rates that will be relevant and admissible evidence before a jury.

You guys that want to take Nok through the process are forgetting that delay is a defendant's best friend. Congress is playing around with patent reform. Healthcare scientists are studying the effects from wireless phone use. You are not going to get around Frand. If negotiations reach impasse, the only true evidence of the IDCC patents is the value they have set themselves in agreements with others. All Nok has to do now is say they once believed their essential patents were worth 2 1/2%, but the industry has proven their initial evaluation was wrong.

It behooves management to get the best deal they can before congress does something foolish or tumors begin appearing on the ears of teenage girls. Frand makes findings of willful infringement difficult if the evidence shows that IDCC is seeking significantly higher royalty from Nok than their other customers.

I am in the Larry the Cable guy group. Giterdone.

MO
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