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Alias Born | 02/23/2003 |
Sunday, July 24, 2005 9:59:37 AM
My take is that Nokia wants to change the subject. Nokia lost the argument in the ICC arbitration because it was about the CONTRACT that is in place between Nokia and InterDigital.
I think Nokia wants to find a way to make enforceability about something else other than the CONTRACT. My guess is that we will see Nokia start screaming "Fire!", and then try to stampede the court out through something like the "all relevant factors" clause in that contract.
Nokia passed up their opportunity to make the 2G argument about patent validity, specific infringement issues, and relative valuations of those claims a long time ago. Now that they ended up having to pay something, you can bet they will try to go back and get a second chance at making it about something like that.
I'm hoping that the ICC sealed all of those escapes and that the Court hearing IDCC's Motion to Enforce will not allow Nokia to pry any of them open at this point no matter WHAT they scream.
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