Thursday, August 25, 2005 2:31:12 PM
Let me put it another way.
Imagine this conversation between the judge and Nokia's boyz:
Judge: "Why is Nokia claiming fear of being sued, when you are doing all the suing?
Nokia: Well. . . .That guy on IHUB agrees with us, even though it was posted after we sued. I'd call that validation, sir.
Judge: OK. Pass that one for now, because it's not on point. Do you know what patents IDCC will have in 2007 for 3G handsets?
Nokia: Of course not. sir. New patents are being approved as we speak. Do you think we have a crystal ball, yer honer?
Judge: Good answer. And if you want to use mine, I must tell you it's been broken for the 30 years I've been on the bench!
Nokia: What does that mean, yer honer?
Judge: Simply this: Neither you, IDCC, nor I know which patents will be in effect in 2007, so I cannot ask a Markman for an opinion on patents that may or may not exist in the future. And since you cannot produce the specs on your 2007 phones, what the hell are you doing in my courtroom?
Nokia: But what about the validity of those 18 patents, sir?
Judge: Perhaps you should give me the name and phone number of your superior. I'm getting a headache.
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