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rmarchma

05/17/04 6:55 AM

#69816 RE: ziploc_1 #69811

Ziploc re a Motorola-style loss in court

There might be some truth in your argument concerning GSM/GPRS, and possibly WCDMA. Why risk going to court when IDCC already has significant paying customers for those standards. A subsequent court loss on key patents might adversely affect existing paying licensees, and ongoing leveraged negotiations with others, in those particular standards.

However, CDMA2000 is a different animal. Although IDCC has licensed some companies for CDMA2000, these companies so licensed produce very little CDMA2000 products. Therefore well over 60m CDMA2000 handsets have already been sold over the last three years, and IDCC's royalty take in CDMA2000 has been about nill.

IDCC has had over three years to license a major CDMA2000 manufacturer, and has not yet done so. Therefore litigation appears to be the last resort for this particular standard. If IDCC has to litigate CDMA2000, then why sue Lucent for just infrastructure? Why didn't IDCC sue Motorola for CDMA2000 infrastructure and CDMA2000 handsets? I suppose its the litigation strategy that I am having problems understanding.