Took my time in smoking over the ITC ruling and have ended up thinking that my earlier theory re why the ITC Staff atty would afford another "No Violation" opinion also explains the good judge Luckern's decision.
The judge found the patents "valid and enforceable", but then went on to say that "Nokia's 3G handsets do not infringe on those four patents". IMO what he really meant and failed to add was "However, Nokia's 3G handsets do not infringe those four patents in THIS courtroom, not after Nokia has made what appears to be a reasonable offer to license them".
I'm thinking he just could not bring himself to let his ITC court become the gun in IDCC's hand in what he saw as a nothing more than a normal business pricing dispute.
In addition, look at what Nokia had to say about the ITC finding: "We believe this initial determination by the ITC combined with earlier U.K. court decisions provide a strong indication that the asserted value of InterDigital's 3G patent portfolio may have been over-estimated," said Ilkka Rahnasto, Nokia vice president of Legal and Intellectual Property.
IMO Nokia’s statement appears to be saying “we will do a licensing deal...but at OUR estimate of a fair value price,… and BTW,..it is clear that both the UK and ITC courts agree.”
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