I believe that the reason that NOK filed the action before JUDGE Lynn to intervene and reopen the vacated orders was that they got wind of the fact that ERICY had used the same objections to IDCC's IPR as MOT had used in Delaware in 1993. I further believe that Judge Sanders had made an attempt to cut the baby in half in order to forge a settlement of ERICY/IDCC. In cutting the baby in half, Sanders overruled some of the Markman findings in which Dr. Peterson had agreed with the earlier findings of the US, German and Swedish patent courts by which IDCC had had critical patents revalidated that had been lost in the MOT casee.
In 1993, there was no such thing as W-CDMA. Consequently, IDCC had not made a patent claim for that use. As W-CDMA started to develop, IDCC realized that the same patents which had been revalidated for GSM had application with regard to W-CDMA and were essential threshold patents in that regard. They added those claims to their existing patents (I think) NOK realized the same thing and decided that the Sander's rulings just might open up that can of worms, again. When Judge Lynn opened the PSJs, NOK found their cornucopia and off they trotted to DE with their motion to invalidate IDCC's prime 3G patents. JMHO-Oso
If you ain't laughing, you ain't living.
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"A bird doesn't sing because it has an answer, it sings because it has a song." ~~Maya Angelou
AI
