Thanksforthemusic. Have no idea what's happening behind the scenes, given my role is simply messenger. I will add that two follow-ups with additional info. were filed with the Department of Justice, Anti-trust Div.this month plus an initial consolidated filing with the Federal Trade Commission.
What we know from "open sources", a cumulative 3G IPR royalty cap passed EC and DOJ anti-trust muster in 2002. What wasn't revealed at the time or thereafter was how proponents would implement the DOJ approved cumulative 3G WCDMA IPR price capping plan/scheme to fully comply with US/EU anti-trust laws.
In order to gain consensus approval among cap proponents, the 2002 Nokia/Ericsson follow-on implementation plan/strategy/scheme had to meet anti-trust constraints for all involved parties. The selected approach in the case of Interdigital, evident from the sum product of open source postings on AB and I-Hub, including news, appears by virtue of elapsed time to be some form of agreement by certain aligned cap proponents to refrain from licensing until Nokia exhausts FRAND based remedies using varied US and international court actions. For example, Japanese operator Docomo strongly supported Nokia's cumulative cap. To date, only one Docomo FOMA manufacturer has a 3G license.
Aligned cap proponents would benefit from the same zero based 3G FRAND pricing as Nokia by remaining steadfast in their refusal to license with Interdigital until Nokia exhausts all possible court remedies. Arguably, an alleged extended court approach to circumvent anti-trust laws precluding FRAND based 3G IPR royalty price fixing by one party, while in all likelihood aligned with many, presents a cutting edge challenge to law enforcement and adjudicators.
In summary, the varied complaints provide the DOJ and FTC new insight as to unfair competition that can occur when a single manufacturer with significant market power allegedly aligns with others creating extreme cumulative monopoly power to fix the price of 3G IPR in the global mobile wireless industry.
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