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j70k

04/07/06 10:27 PM

#151256 RE: olddog967 #151253

In a Lanham claim is the burden of proof on Nok to prove the patents are not essential or does IDCC have to prove they are essential? Since the Lanham claims regard 3g essentiality, I thought IDCC was a member of the board that determines the standards to be used and approves essentiality of ipr.If this isn't the case then in essence, any company can be forced to prove that their technology is essential to the standard, whether or not it is being used. Sounds like one big word game where facts become secondary-if you use it then it's essential, if you don't then it's not.