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Friday, February 03, 2006 4:41:50 PM
I recall it being opined here that one possible strategy for the Lanham Act suit was to get a "back door" attack on the validity of the IDCC's 3G patents. As part of that strategy Nok would use IDCC's public claim of essentiality in all modes of 3G as an issue of deliberate bad faith.
So, the premise of my question - IF (big if)the UK court came back with a judgement of non-essential for IDCC's GSM patents would that not bolster Nok's bad faith argument in DE?
What brought this to my mind was the re-scheduling of the submissions in DE for a week. I was wondering if both parties may be waiting to plan their next move on the outcome of essentiality in the UK.
Thanks for your patience with us non-lawyers.
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