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mschere

01/20/05 2:33 PM

#92071 RE: whizzeresq #92070

Since Nokia is not contesting the Validity of IDCC's 3G Patents until the expiration of their current License...can we assume that IDCC provided the proper protection in their current 1999 Contract and that Nokia maintains that, that "Protection" does not cover the Anniversary date which runs Through 2006? TIA




I agree and like you am baffled as to why IDCC's Licensing Agreement allows Nokia to challenge the patents. It is my understanding that a license is generally written to prohibit the licensee from challenging the validity of the licensed patents. You would think that IDCC would have wondered why Nokia wanted to have the right to challenge IDCC patents included in the license. Whenever I negotiate a standard type contract and the other side wants to depart from a standard provision, I always ask them what is it about the standard provision that they don't like. Usually I know such a departure from the usual provisions could signal trouble in the future. Our management, then, should not be suprised about these latest Nokia events.




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laranger

01/20/05 2:36 PM

#92072 RE: whizzeresq #92070

Whizz.

Do you not believe that IDCC kicked over the can, and sent them a nasty letter.

If they didn't, the Delaware court should have a hard time believing that NOK is in danger of being sued. (By a flea, I might add).