They can't sue NOKIA because NOKIA is licenced for 3G and awaiting major manufacturer to "trigger" rate just like 2G.
But they can sue SAMSUNG. I still say a law suit at this time is the best route to go. No one else will blink at the 1.5% rate for 3G. If they can start now and go right for the jugular meaning no negotiations off of the 1.5% they can have this done in 1 1/2 to 2 years. A win will validate the 3G patents and get them a court proven rate of 1.5%.