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Re: rmarchma post# 97237

Monday, 03/07/2005 9:09:18 PM

Monday, March 07, 2005 9:09:18 PM

Post# of 433225
Ron: Your discussion about infringement vs. invalidity, is what I have been thinking about in regard to the 3G Delaware filing. Of the 18 patents involved, for 12 Nokia is claiming noninfringement only. For the remaining 6, they are claiming noninfringement on some claim items and invalidity on other claim items. For noninfringement they are using various explanations such as the specified patent procedures differ from the standards, or that their products are not using the patent procedures. It therefore seems that Nokia is mostly claiming that IDCC's patents are not "essential" and that their products can be manufactured and meet the standards without infringing on IDCC's patents.

(In the UK case, there also seems to be a question as to the essential nature of the patents involved.)
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