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Tuesday, March 01, 2005 8:27:36 PM
ranger, could be that I'm picking at a nit here but gonna do it anyway. Cannot let it be said that "IDCC lied about the effect of PSJ's on a third party" without taking exception.
I think IDCC spoke the TRUTH when they said vacating the PSJ's would have no effect on Nokia. In fact, I think that it's STILL TRUE TODAY!
Why was it true then and still true today?.... Because the ICC arb panel is going to determine Nokia's 2G rates regardless of what happens with Nokia's efforts to have those PSJ's reinstated. The arb panel is going to determine Nokia's 2G rates based on the terms of the contract they signed back in 1999, NOT based on the claims remaining and judged to be infringed after the PSJ's.
Nokia's 2G rate with InterDigital stopped being about patent validity and infringement the moment SONY/Ericsson settled and agreed to 2G rates. When that happened Nokia's contract provisions allowing them to have their 2G rates based on anything other than the rates agreed by one of the "named manufacturers" in that 1999 license agreement were null and void, gone, kaput.
Nokia bet that Ericsson would prevail in their litigation vs InterDigital, and Nokia lost that bet. They can churn in the courts all they want, IMHO it's too late to expect a "do over".
I think IDCC spoke the TRUTH when they said vacating the PSJ's would have no effect on Nokia. In fact, I think that it's STILL TRUE TODAY!
Why was it true then and still true today?.... Because the ICC arb panel is going to determine Nokia's 2G rates regardless of what happens with Nokia's efforts to have those PSJ's reinstated. The arb panel is going to determine Nokia's 2G rates based on the terms of the contract they signed back in 1999, NOT based on the claims remaining and judged to be infringed after the PSJ's.
Nokia's 2G rate with InterDigital stopped being about patent validity and infringement the moment SONY/Ericsson settled and agreed to 2G rates. When that happened Nokia's contract provisions allowing them to have their 2G rates based on anything other than the rates agreed by one of the "named manufacturers" in that 1999 license agreement were null and void, gone, kaput.
Nokia bet that Ericsson would prevail in their litigation vs InterDigital, and Nokia lost that bet. They can churn in the courts all they want, IMHO it's too late to expect a "do over".
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