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NukeJohn

01/01/11 11:20 AM

#304132 RE: quilix #304131

IDCC's Appeal at the CAFC

quilix,

Some briefs are stapled, but some briefs are actually bound, which makes it a real problem to photocopy (you can't get the edge of the paper to copy clearly). That's why I suggested the wand. I don't have one, but I've been thinking about buying one myself as much as I go to various courts to copy court documents. I have a friend who has one and thinks it works very well.

Good luck on your visit.

One caution I will make as you get these public briefs and post them on the web. One has to have experience in reading and interpreting briefs (especially briefs that are severly redacted). Lawyers are very good at throwing out red herrings and obfuscating the key facts. The key facts in this case come down to how Luckern construed terms like "code", "signal" and "increased power level". The ITC and Nokia would have you believe that the PRACH Preamble BS gets around the infringement issues for code and signal...but if you first properly construe these terms, that argument falls apart. Read pages 20-23 0f the pdf below (pages numbered 15-18 at the bottom). Although this is heavily redacted, there is plenty of meat in IDCC's response, and IMHO, they win hands down.

http://wirelessledger.com/IDCC_ReplyBrief_20100830_USCAFC_2010-1093.pdf

That is why the situation with Nokia is now down to a rate negotiation and infringement is no longer an issue (according to Bill Merritt's comments at the NASDAQ OMX conference).

If Nokia goes through with this case, it will give the ITC an opportunity to use Nokia as an example of what can happen when you infringe US Intellectual Property. I think the winds of protectionism of US IP will inflict a severe blow to Nokia. In fact, it could be the final blow to Nokia and they would become a good case study for future MBA classes wrt mistakes made in licensing Intellectual Property.

I think US Intellectual Property companies are going to be the beneficiary of the new emphasis the US Government has on Protecting US IP.

http://www.whitehouse.gov/sites/default/files/omb/assets/intellectualproperty/intellectualproperty_strategic_plan.pdf

The US is losing jobs overseas, as foreign companies take our IP without paying (which severly limits tax revenues). I think that the worm has turned with regard to US IP...and that in the future, all three branches of the Federal Government will look to our brainpower (US IP) to dig us out of the financial mess we have gotten ourselves in. The federal courts, the executive branch agencies (ITC, FTC, USPTO, etc.) and Congress will all be more favorable to US companies that have legitimate IP. IDCC will be a huge beneficiary of this. If Nokia doesn't see this and settle before the CAFC oral arguments....then they deserve what they get. In fact, if I were Nokia, I'd settle sooner rather than later, because they are forcing the CAFC judges and staffs to spend a lot of time preparing for these oral arguments. They run the risk of IDCC pulling any settlement offers off the table and forcing this case to a decision.

JMHO,

NJ