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ams13sag

10/01/03 3:49 PM

#45105 RE: mschere #45094

The question when will the trigger arrive. Assuming the triggers are SI, Mot and Ericy. They represent most of the big boys in the mobile and infrastructure area. If one of them caves in to IDCC, they all then have to pay. Logically none of them will ever pull the trigger. Perhaps it will be necessary for IDCC to pull the trigger for one of them by commencing immediate litigation for 3g patent breach. If one assumes that IDCC has learnt the lesson of 2g and that the patents this time around are legally watertight, why are they letting the above company's breach our patents.

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Petersimon

10/01/03 5:18 PM

#45115 RE: mschere #45094

mschere & jai, thanks for your responses.

Based from Howard statement that we have it in all or we are covered in all modes of 3G, i am assuming therefore that any OEM producing equipment whether infrastructure or handset will be infringing IDCC in some way or another, correct me If I am wrong.

I guess the posture will be let's not sue them yet because they are not producing infrastracture or handset that much yet. Let's wait until they produce critical mass then sue them.

My question, is IDCC afraid that if we sue them now they will stop infrastructure installation and may be circumvent our IPR or use alternative IPR. I thought we have it all in 3G, again correct me If I am wrong. I don't think an OEM can delay 3G equipment installation if the demand is there....others will fill the gap.

from other post, someone assumed that MOT and ERicy are possible triggers for NOK and are now currently infringing IDCC IPR for sale of 3G equipment.

My point is, we're going to end in court litigation anyway whether now or 3 years from now gauging from past track record. Why don't we start the litigation process now and by the time they mass produce we will have a court ruling by then i.e., NOK triggers.
Unless by litigation the triggering OEM's will get upset and use alternative IPR for their equipment. Do we really have the IPR for all modes? if the answer is yes, then why are we afraid of suing them now, they have no choice but use our IPR.

I understand that in 3G, wordings are more specific than in 2G and should be peanuts to defend our IPR in court, let alone chairing some of the standard commitees.

This question is for all.

mschere & jai, thanks for making this place an informative one. Appreciate all your help and contribution.

petersimon