I hesitate to speculate on that, but what would you do if you were IDCC and the EU Commission came after you (for no apparent reason). If I were IDCC, I would make Nokia pay the maximum FRAND rate on all past shipments and going forward, and I would not give them a license for LTE unless it was also at top dollar (whatever that is). Then, after I won the CAFC opinion, I would pursue all the District court cases, and I would go for the maximum in those cases (including willful infringement). In essence, if this type of scenario played out, I think Nokia would never sell another phone in the US unless they just completely opened their checkbook to IDCC. They would never be able to get a competitive new smartphone in the US as a cornerstone to compete in the rest of the world. I think the rest of the world still looks to the US, but if this scenario played out, I don't think Nokia would ever be able to get back in the US market and they would die a slow death as they get squeezed on the low end by the asian manufacturers and the high end by Apple, RIM and the android phones from Samsung and HTC.
On top of all that, when IDCC refused to settle for anything less than top dollar, NOkia's stock would plunge when the US banned their phones in the US (which I believe will happen if they allow the CAFC ruling to come out). I guess that is what I considered a cooked goose.
JMHO,
NJ
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