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Re: teecee post# 11078

Tuesday, 02/25/2003 9:45:42 AM

Tuesday, February 25, 2003 9:45:42 AM

Post# of 436087
Nok article about IPR

I found the article to be interesting. The big companies were named by a PA Consulting spokesman and he says that they believe they control 2/3's of the essential patents. However, Nok is refusing to join 3g3p because it is a gamble. Why? He states that Nok is claiming many essential patents, but nobody really knows what is essential until each patent is reviewed on its own. In effect, he is saying that Nok could have less than they are claiming and it is a gamble. He is also stating that those with the most esential patents have the true bargaining power in licensing. My problem, and IDCC's problem is the recognition factor. IDCC must have some third party service declare that they possess a substantial number of essential patent claims in W-CDMA and other modes of 3g. It appears that PA Consulting has done a preliminary search of the essential patent base and they are also offering the 3rd party opinions in conjunction with the patent platform companies created by UMTS to perform the declarations of essential patents. These companies performing the service do not address the validity issue because of the presumption upon issuance. However, they will analyze each patent submitted and give an opinion as to essentiality. The service can be done without becoming a member of the 3g3p limited royalty group. I will be shocked if IDCC does not take advantage of this service for protection against the big companies. A little cash spent right now can certainly return a lot of money in royalty income over the next several years. Of course, IDCC may believe as Nok and decide not take the risk and merely boast of having essential patents for 3g. The PA guy called it playing a poker game, but I call it the big boys win without some independent third party verification on the part of the little guys regarding their essential patent claims as their hole card.

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