IDCC can argue that a price has already been established and that is according to its current license agreements. IDCC is also contracted to offer non-discriminatory license agreements. If Nokia wants to pay a lower rate then IDCC is being discriminatory to the other licensees.
jhaw/loop, I think the logic here is that the ITC cannot issue an injunction banning import of infringing products because IDCC has submitted a written statement saying it will offer FRAND terms to manufacturers whose products are built to the 3G standards. Apparently, the expert for NOK is saying that in the event the IPR holder and a potential licensee cannot agree on the price for the license then they must go to court and let the courts decide a FRAND rate.
Sounds like NOK wants to start up a whole new lawsuit and delay this mess even longer.
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