not a problem....I've been asked and called worse during my time posting....thankfully I've been correct through those years.
It's very easy for those not involved in the industry to view this process purely from an emotional perspective.
While we (me) are finally enjoying the market recognition of our fundamentals and future prospects, it's important to recognize the realities of the independent parts that make up those current and future expectations. I was only touching on Nokia, and not the company or stock as a whole (where I've been quite vocal in my pleasure over both in the past year).
In regard to Nokia ITC.... people need to remember that IDCCs goal is not to have a LEO ordered in the US.... but to have Nokia sign a global convenience license for the whole portfolio.
So... while some seem to think that FRAND is not an issue (and it's not in regard to intersecting claims construction).....the scope of any LEO/C&S orders in this case are certainly impacted by IDCCs licensing terms in the area of ETSI FRAND..... the ITC is not a venue for companies to be held up to unFRANDly rates.... and the issue will certainly be vetted before any orders are issued.
Need to think back to the goal of gaining a global convenience license....
at ITC there were 4 patents at issue and 30+ potential claims within....at CAFC there are 2 patents and 6 potential claims? Removed were 2 of the patents at issue.... as IDCC decided not to pursue in appeal.
What we're looking at is a scenario of the CAFC affirming the ITC decision in whole, remanding back to ITC with new claim(s) construction within both patents....or 1 patent....also considering that IDCC met the bar of providing an article that the specific invention(s) were being domestically practiced (not just that the entire patent portfolio had been licensed).
Back at ITC....evaluation for intersection of any of the claims (with new construction) to the Nokia products. Assuming that there will be intersection ....LEO/GEO and/or C&D orders will be evaluated in context of IDCC/NOK licensing negotiations. The ITC doesn't set rates, but they certainly consider the negotiations that have taken place when determining the scope of any LEO. We must remember that ITC covered ETSI FRAND (and French law) during the course of the investigation, but they were very careful to state they were not setting rates.
global convenience license .....or license for 1 or 2 patents in the US (at this point)?
I'm really not interested in a debate on the above....just stating MO....and I'm certainly not "short". The other night I provided a clear history of Nokia settling essential patent litigation in both the US and Europe, and I expect a settlement with IDCC (as I did before ITC ruled), but not in the time frames that some have suggested.
I don't think we should engage in this discussion. What DR opined is the reality. To be honest that is my opinion too. Be prudent and be humble and may we all prosper!
I appreciate where your opinion comes from.... and certainly don't consider you a "short" either.