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bim524

08/16/09 11:47 AM

#267250 RE: dclarke #267241

hey dclarke

just curious

how do you think those big companies in the TSRA ITC case feels right now after the commission reversed the ALJ (similar valid and enforceable patents but do not infringe opionion) and has an ongoing ban for products (and the fed ct declined to issue a stay for the ban).

Mot had to swallow the puke in their mouth and pony up the dollars right away to settle. The others are probably looking at higher rate than before and they were probably patting themselves on the back, just like NOK, right after the ALJ decision.

I'm not saying that there is a really high chance of overturn by the commission. Rather, we still have that next deadline in dec. I didn't think NOK would see this thru so you gotta give them some credit for having some cajones. They will probably see this thru to the commission too. Is this ALJ decision a non event? Of course not. Just saying this ALJ was another step on the ladder and we need to see what the final outcome. Will we fall of the ladder or pick the high fruit on the tree?

not the endgame everybody is portraying right now. Had the same feeling when the staff said no violation in the SAM case, but he's not the final say. I'd feel a lot worse if the commission said no ban.

There is still plenty of incentive for some companies to license before the commission decision. I'm sure they are going to wait, but like WM said, rates will be higher IF THEY CAN secure a good decision down the road.


bim524