Nok is entitled to a royalty free license. Oh really, the first question I would ask the Nok representative is how many royalty free licenses have they given to others.
NOK are probably arguing that the '579 patent is covered under the TDD paid up license. They know it isn't but they are hoping that they can make enough noise for the question to be considered under the arbitration clause. Once it's under arbitration, the ITC proceedings will be stayed.