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Monday, May 16, 2005 9:41:29 AM
(my comment - Looks like it was filed back when Nokia was still attempting to get the ICC arb panel to consider issues of 2G "patent validity and infringement" instead of just interpreting the contract they signed back in 1999. We know that Nokia withdrew those claims later on in the arb process, and if your heads up find this morning is the end of that UK litigation(?), it could be more "folding of the tents" in that failed attempt.)
........................................................................................
from the 10K;
During the Nokia Arbitration, on June 14, 2004 Nokia commenced a patent revocation proceeding in the United Kingdom High Court of Justice, Chancery Division, Patents Court, seeking to have three of ITC’s U.K. patents declared invalid (“U.K. Revocation Proceeding”). Nokia also seeks a declaration that the manufacture and sale of certain mobile and infrastructure equipment does not infringe these three patents, and that the patents are not essential under the applicable standard. ITC is contesting all of these claims, and the trial is scheduled to commence in October 2005.
In connection with the U.K. Revocation Proceeding, in September 2004 Nokia filed an action against Sony Ericsson in the Federal District Court for the Eastern District of North Carolina, and an action against Ericsson in the Federal District Court for the Eastern District of Texas. The actions are based upon 28 United States Code Section 1782 which provides for discovery in a United States court for use in a foreign proceeding and addresses jurisdictional, procedural and evidentiary matters associated with such foreign proceeding. In both actions, Nokia sought documents related to the ITC patents and patent licenses. Both the Federal District Court for the Eastern District of Texas and the Eastern District of North Carolina have denied Nokia’s motions with respect to any documents not previously produced in the Nokia Arbitration.
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