Olddog--Many times cases are decided on a certain set of facts. Remember that in my discussion, I stated Nokia would be at risk in the event that the Deleware Court has a trial and determines that IDCC's patents are valid and that Nokia's products infringe. In that situation, if Nokia tried to sell those infringing products after 2006, IDCC would not have to go through another trial to prove its patents and infringement. IDCC would file another lawsuit and should immeditely obtain an injunction under the legal principle known as "res judicata," meaining the matter was already decided. Remember, under patent law, if you are found to have infringed on a patent, you pay damages up until the decision and then you are enjoined from selling the infringing product unless you obtain a license from the patent holder. Thus, I think Nokia is at risk if it loses the 3G lawsuit and IDCC refuses to grant Nokia a license or imposes onerous terms.
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