plumear,
Somebody still has to prove that the patents are essential and I maintain that the evidence have to be clear and convincing.
I also believe that for Mr. Ayne's testimony to be relevant, IDCC patents have to be essential.
In the preliminary conference with Samsung,IDCC and the ALJ, IDCC lawyer argued that although IDCC patents were essential that was not important. The important issue is that NOK infringed on IDCC patents. If you want me to, I can get the exact quotes.
Therefore, IDCC does not have to prove that its patents are essential just that NOK infringed on them. However, I maintained that in order that there is even a possibility of an implied contract, IDCC patents have to be essential in a clear and convincing manner.
mo
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