InterDigital Inc (IDCC)

[jaykayjones]

Part 2 - HRS, Ericsson, Nokia, and IDCC

While reading this filing in HRS, bear in mind patterns of behaviour, all the sealed documents in IDCC, the GSM working party 5 discussions on IDCC's IPR, and NOK's subsequent licensing of IDCC's patents in '99.

HRS Pacer filing 815 (attachment 20). 4/20/01 Declaration of Heikki Hutteunen (VP IPR licensing at NOK). Summary:

* In 1995, HRS accused NOK of infringing sevearl HRS patents,

* In late '95, NOK informs Ericsson of HRS' 338 patent.

* In '96, NOK learns that HRS is also accusing E of infringing its patents.

* Quote 'Although N and E were significant competitors...they decided to have discussions and to share certain limited information regarding HRS and its accusations that N and E infringed its patents...N and E met in the U.K. on Dec. 11, 1996...the participants understood that the information shared (at this meeting) would remain confidential and not be disclosed to third parties and that this information was being shared out of a common interest in defending against HRS...'

Huttunen states that there were no further meeting on this issue.

What makes sense?:
We know that E and the GSM WP 5 (including NOK) carefully evaluated IMM's patents. NOK was a party to those discussions and can testify. NOK subsequently elected to license with IDCC after USPTO reexamination.

My take, I now believe that, at least part of, the sealed filings in IDCC are connected with NOK's involvement and collaboration with IDCC, its evaluation and subsequent licensing of IMM's patents and its substantial relationship with IDCC.

Since it is in NOK's interests that Ericsson (and others) should pay IDCC for 2G, there could be some very favorable testimonies that are sealed. Plus, such cooperation would be a good reason for IDCC to give NOK a 'sweetheart' deal for 2G (which many have complained about). Comments and additional insights appreciated. JK