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Re: mschere post# 92817

Wednesday, 01/26/2005 1:27:27 PM

Wednesday, January 26, 2005 1:27:27 PM

Post# of 433025
Mschere--You said:
"If Nokia truly believed that they have the Legal ability to pay nothing to IDCC for 2G/3g ..they could have stopped the Arbitration proceedings from day 1, by merely exercising their right to cancelling their 1999 Master License Agreement ..by initiating an "ADVERSE Proceeding" against IDCC's Patent portfolio for 2002 to date.."

I do not believe that is correct in that the arbitrators would at least have been empowered to determine 2G license payments during phase 2 up until the time of termination. Also, I do not know that Nokia could merely terminate the 2G license at their convenience as I have not seen any excerpt from the IDCC/Nokia 2G license that would allow Nokia to terminate it.

Also, Nokia has challenged IDCC's 2G patents in the U.K. and by intervening in the IDCC/Ericy lawsuit and reinstating the adverse judgments, has challenged IDCC's 2g patents in the U.S.
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