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Data_Rox

02/09/11 9:25 PM

#310407 RE: paheka #310399

IDCC with a CAFC remand



...sends the case back to the ITC, where intersection of new claim(s) construction is determined, validity of the patents challenged...... and if IDCC is victorious through that, then 337 can be rendered...at which time they will determine the scope of a LEO and/or C&D

and a ban could dictate licensing terms that might be far higher than Nokia could now settle for.



pretty much a board myth in this area of FRAND,

So whether they announce a settlement Friday..or not..IDCC remains a BIG threat..no pimple!!



JMO - highly doubtful there will be any settlement anytime soon. This theme seems to continue propagating on the board.....that Nokia would settle before orals, settle before "options" Friday, settle before CAFC returns, settle before the Nokia big event....so on and so on. Nokia has plenty of time to settle on appropriate patents/claims before any LEO would be ordered. IDCC wants a global convenience license.

Maybe we'll get more color at the Q4 CC?

all JMO




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nicmar

02/09/11 9:28 PM

#310408 RE: paheka #310399

Paheka.. I understand the CAFC dedision is extermely important to both nok and idcc, but am I wrong in thinking that depending on how the CAFC rules a ban might not take place for a year? If a ban isn't immediately put in place or takes months to implement, then why would the CAFC decision be that critical for Nokia immediately? Can they not settle 4 or 5 months later and the ban is gone? Maybe I don't understand when the ban would go into effect. .mo.. nic

So whether they announce a settlement Friday..or not..IDCC remains a BIG threat..no pimple!!