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Re: ed_ferrari post# 104166

Saturday, 04/30/2005 12:12:46 AM

Saturday, April 30, 2005 12:12:46 AM

Post# of 432922
RE: Apple and Orange Ferrari’s

I happen to agree with your evaluation of what Nokia is concerned about. However, I think we may disagree on their motivation.

If you care to review the table of contents of the Markman report included as an exhibit in the Nokia submittal in the Delaware case, I think you will find about 17 references to recommendations to the court. It seems to me the plain language of those recommendations support IDCC’s patent claims in 13 to 14 of those recommendations. I’ll grant that the single vs multiple base station issue was not recommended in IDCC’s favor but I’m really interested in your take on the other issues that were determined in their favor.

Additionally, Nokia’s brief admits that some intellectual properties in their current and future product designs are covered by IDCC 3G patent claims - as they now stand. It seems to me that is the whole basis of their argument for court action now instead of waiting until their current license expires in 2006.

So, I’m really curious about your opinion on how IDCC’s 3G patent claims would hold up under a Markman hearing given the apparent popular consensus that their 2G patents were poorly framed, compared to their more recent 3G patents, yet appear to hold some substance in the Markman report submitted to the court in the ERICY 2G dispute.

As a disclosure, I have a small long holding in IDCC stock -not enough to even think about entering the proxy fight ring. So, I’m not trying to pick a fight with anyone. I’m just trying to make some sense out of what I’m reading in the court filings.

Thanks

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