Sunday, December 26, 2010 9:43:39 AM
I read the appeal brief 26-Dec-10 07:57 am
Someone earlier posted a link to another forum that had a posting of the appeal brief (somewhere here in the past couple of days). I have a solid patent background (inventor on about 50 US patents and patent applications + hundreds of non US cases) and I read all 41 pages of the IDCC brief last night, and it very much appears that IDCC has a compelling case of infringement against Nokia (However, buyer beware....this is only my opinion...do your own homework). Several clear-cut shortcomings of the previous court interpretations are systematically laid out, with detailed case law supporting all arguments. It will likely be difficult for Nokia to counter the points made in this brief, which is probably why Nokia requested an extension. After reading this I am feeling good about the recent signficant investment I made in IDCC. I also listened to all the recent conf calls, etc. I am guessing that IDCC is waiting to announce additional big licensing deals until after the first of the year, since they are well aware of the uneven nature of licensing royalties and must certainly want to spread them out year to year to minimize what they call the "lumpiness" of it. Therefore, expect a big announcement after new year. Also, note that the Nokia case is viewed in the industry as Nokia specific, so there is only potential upside on the Nokia ruling.
Re: I read the appeal brief 26-Dec-10 08:20 am
Nothing is certain in life, but I am as close as can be to that on believing the CAFC will not allow a ruling to stand that contains obvious wrong term definitions. The devices the patents were requested for would not even infringe the crazy definitions that the ALJ used, so it is as sure, in my opinion, as can be that it will be overturned.
Nokia knows this too. They can not allow the case to proceed where the CAFC corrects the definitions, or they will pay a higher rate than a settled rate before the reversal. They must be trying their hardest to settle right now, but Interdigital should give Nokia no big breaks in a settlement, because of Nokia's terrible behavior in the past.
http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_I/threadview?m=te&bn=28115&tid=22065&mid=22065&tof=2&frt=2#22065
I was in the process of doing it.
Someone earlier posted a link to another forum that had a posting of the appeal brief (somewhere here in the past couple of days). I have a solid patent background (inventor on about 50 US patents and patent applications + hundreds of non US cases) and I read all 41 pages of the IDCC brief last night, and it very much appears that IDCC has a compelling case of infringement against Nokia (However, buyer beware....this is only my opinion...do your own homework). Several clear-cut shortcomings of the previous court interpretations are systematically laid out, with detailed case law supporting all arguments. It will likely be difficult for Nokia to counter the points made in this brief, which is probably why Nokia requested an extension. After reading this I am feeling good about the recent signficant investment I made in IDCC. I also listened to all the recent conf calls, etc. I am guessing that IDCC is waiting to announce additional big licensing deals until after the first of the year, since they are well aware of the uneven nature of licensing royalties and must certainly want to spread them out year to year to minimize what they call the "lumpiness" of it. Therefore, expect a big announcement after new year. Also, note that the Nokia case is viewed in the industry as Nokia specific, so there is only potential upside on the Nokia ruling.
Re: I read the appeal brief 26-Dec-10 08:20 am
Nothing is certain in life, but I am as close as can be to that on believing the CAFC will not allow a ruling to stand that contains obvious wrong term definitions. The devices the patents were requested for would not even infringe the crazy definitions that the ALJ used, so it is as sure, in my opinion, as can be that it will be overturned.
Nokia knows this too. They can not allow the case to proceed where the CAFC corrects the definitions, or they will pay a higher rate than a settled rate before the reversal. They must be trying their hardest to settle right now, but Interdigital should give Nokia no big breaks in a settlement, because of Nokia's terrible behavior in the past.
http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_I/threadview?m=te&bn=28115&tid=22065&mid=22065&tof=2&frt=2#22065
I was in the process of doing it.
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