Why Ericsson Can't Win
Can you even imagine going to trial, where you for years worked with a company and there patents to make money from those patents and with your improvements to them, and even have all kind of letters basically validating the patents and agreeing to a license, and then welching on the agreement but still using the patented technology? The welching part was not because of the validity of the patents or if you was using them, but the fact you was a big company and wanted all the money, and wanted to squeeze the little company out and break them, therefore you could for lack of better words steal the technology for free and you influenced other companies to not license to aide you in this unscupulous activity.
Then IDCC has all these other companies who did license and those that are paying and those that say they will if Ericsson pays, is a validation of the patents and the usage of them, but avoiding payments because of either a relationship with Ericsson, or willing to let Ericsson fight the battle for them as they enjoyed the luxury of getting a free ride till ts over.
Next you have IDCC attornies whipping out all these handsets with the IDCC technology inside, and then a Ericsson handset also with the IDCC technology inside. How can any jury not see who owns the technology and who stole it and tried to beat the little man down.
Then the IDCC attornies can elaborate on the patents being revalidated by the U.S. Patent office, which should be clear and defining to a jury as IDCC has ownership of them. I think the use of the technology is not even a question by now, as the records of Ericsson prior actions was enough to remove any doubt from any juror, so the revalidation should be a devastating blow to Ericsson.
I think the average American will be just like me, and say how the hell do you think plural should give you the right to use the technology for free, as all it means to most of us is you can't get to two with out using one, and if you use two and the technology is in both, then you should be paying for use in both stations, end of subject. I don't think you can convince any of the average American any thing different I don't care how you present it, as we don't believe 2 comes without 1 before it.
I think the willfull part is now about as apparent as the nose on your face, and I believe most any lawyer that post on this board could win this case, and I believe Fullbright and Jaworski have as good of legal patent defense team as there is in the world. It appears so far they have done yeomens work on aquiring all the evidence in the world that will kill Ericsson. I am convinced a jury made up of all Sweedes would even find Ericsson guilty of willfull infringement.
I will therefore state a settlement will be attained as Ericsson is dead meat and can't pay what they would owe if it goes to court, as the damages will be far greater than a settlement rate will be. If they went to court and lost an it is trebled, then IDCC will seek the world wide use revenue and you know its way more than the domestic use, so if Ericsson can't pay for the domestic loss, how will they be able to come up with several more billion dollars?
The settlement will be just as I stated a nice chunk of money for IDCC, and a heck of a 2G and 3G royalty rate to compensate for what they should have paid, but they live to make more money still using the IDCC technology. Also the fact that Ericsson needs the very technology that is in this litigation to manufacture 3G products, and as I have stated before, there is no way feasable for Ericsson to independently develop a new 3G technology that would be standard approved overnight, as it would take many many years to do that, and these companies are already working on 4G technology, so wher would that leave Ericsson, broke and no technology to manufacture according to the standards, and who wants a technology that the rest of the world is not using?
As the ESPN commercial says I now declare IDCC the winner.
Mickey
