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Re: Data_Rox post# 310407

Wednesday, 02/09/2011 11:51:02 PM

Wednesday, February 09, 2011 11:51:02 PM

Post# of 435762
DataRox:The patents were held valid and enforceable already, right?

I don't think that would be up for redetermination upon remand.

Also you sugesst that a ban could not dictate better terms in the era of FRAND?

Why not? If what was meant that IDCC can insist upon better terms in a settlement, why not? Why can QCOM get one rate in the FRAND era but IDCC not get the same? Obviously different companies get different rates so why not IDCC?

NOK settling sooner rather than later makes sense for them especially in a win/win scenario.

Are you saying that they retain the same amount of leverage in a settlement when they lose at the CAFC?

Please try to be less cryptic in your response...

//

Quote:
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IDCC with a CAFC remand
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...sends the case back to the ITC, where intersection of new claim(s) construction is determined, validity of the patents challenged...... and if IDCC is victorious through that, then 337 can be rendered...at which time they will determine the scope of a LEO and/or C&D


Quote:
------------------------------------------------------------------and a ban could dictate licensing terms that might be far higher than Nokia could now settle for.
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pretty much a board myth in this area of FRAND,


Quote:
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So whether they announce a settlement Friday..or not..IDCC remains a BIG threat..no pimple!!
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JMO - highly doubtful there will be any settlement anytime soon. This theme seems to continue propagating on the board.....that Nokia would settle before orals, settle before "options" Friday, settle before CAFC returns, settle before the Nokia big event....so on and so on. Nokia has plenty of time to settle on appropriate patents/claims before any LEO would be ordered. IDCC wants a global convenience license.

Maybe we'll get more color at the Q4 CC?

all JMO


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