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revlis

12/05/07 8:21 AM

#199106 RE: robweis #199102

rob,

I do not think anybody is arguing over the merits of NOK arguments. It all depends on the willingness of the ITC to hear the case. I posted yesterday the rules under which the ITC will hear a case. It does not take very much. loophole has very choice words to describe the ICC and they are all very appropriate.

mo
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mschere

12/05/07 8:22 AM

#199107 RE: robweis #199102

InterDigital Copyright and Know-How License Grant. InterDigital
hereby grants to the Nokia Group a non-exclusive, non-transferable,
personal, worldwide, royalty-free license under InterDigital
Licensed TDD Technology (including all related TDD Technical
Information as a result of the TDD Project) and Developed Patents,
to design, develop, manufacture and have manufactured (if
substantially designed by Nokia), market, sell, distribute and use
Subscriber Units and Infrastructure. The licenses granted pursuant
to this Section shall exclude any rights to sublicense, or any
rights to design, develop, manufacture and have manufactured,
market, sell and distribute BCDMA Products.

4.2.2 Technically Necessary TDD Patents. To the extent not covered by
Section above, IDC and ITC shall grant, and they shall cause any of
their Affiliates to grant, to the Nokia Group a non-exclusive,
non-transferable, personal, worldwide, royalty-free license to
design, develop, manufacture and have manufactured (if
substantially designed by Nokia), market, sell, distribute and use
TDD Products under (i) the InterDigital TDD Patents, and (ii) those
InterDigital Patents which would otherwise necessarily be infringed
when complying with any TDD standard for Third Generation;
provided, however, that such license shall only be with respect to
that portion of the TDD Product performing TDD functionality and
shall not apply to any non-TDD portion (e.g., FDD, GSM, etc) of a
TDD Product.