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revlis

12/05/07 7:24 AM

#199097 RE: hotncold #199096

hotncold,

You and I agree except for this point. NOk is saying all the patents are under the TDD license.

Nokia is entitled to a royalty-free license to the asserted patents, including the '579 patent,


My hope is that the judge will let the ITC investigation proceed until the arbitration is official. I must add that at this point I see no evidence that NOK actually filed for arbitration. Also there is a risk for NOK. If the ITC investigation will be stayed and then will be resumed at a later date, NOK will have to face the consequences of a possible unfavorable ruling against Samsung without any involvement from NOK.

mo

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.

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robweis

12/05/07 8:15 AM

#199102 RE: hotncold #199096

TDD Deal

I seem to recall language like "in no case shall these rights be construed to include functionality neccessary to the operation of FDD". Anyone with a better memory than mine recall that?

Smiling again,
Rob
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ellismd

12/05/07 8:18 AM

#199105 RE: hotncold #199096

You forgot the other party in this case being Samsung who has no rights to even try to contest having a paid up license concerning patents rights for 3G. Additionally, I for one don't believe the judge will stay proceedings based on Nok's action to consolidate and now try to stay proceedings up to a year to arbitrate what is clearly a delay tactic that even the lay person can see and undersatnd the patents don't read TDD practices anywhere in the claims or prior art.