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laranger

01/26/05 1:16 PM

#92820 RE: mschere #92817

If NOK, by agreement, can challenge IDCC patents in court, I wonder why they chose suing in the UK for 2G, and resorted to arbitration in the U.S.
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whizzeresq

01/26/05 1:27 PM

#92832 RE: mschere #92817

Mschere--You said:
"If Nokia truly believed that they have the Legal ability to pay nothing to IDCC for 2G/3g ..they could have stopped the Arbitration proceedings from day 1, by merely exercising their right to cancelling their 1999 Master License Agreement ..by initiating an "ADVERSE Proceeding" against IDCC's Patent portfolio for 2002 to date.."

I do not believe that is correct in that the arbitrators would at least have been empowered to determine 2G license payments during phase 2 up until the time of termination. Also, I do not know that Nokia could merely terminate the 2G license at their convenience as I have not seen any excerpt from the IDCC/Nokia 2G license that would allow Nokia to terminate it.

Also, Nokia has challenged IDCC's 2G patents in the U.K. and by intervening in the IDCC/Ericy lawsuit and reinstating the adverse judgments, has challenged IDCC's 2g patents in the U.S.