3GDollars--It was my understanding that for participation in the 3G standards, a patent holder such as IDCC agreed to license on a non-discriminatory manner. What that means is open to interpretation, especially where a manufacturer (Nokia) seeking the benefit of that provision has challenged the validity of those very patents costing IDCC substantial sums of money and perhaps impacting its licensing activities. For example, NEC, and Panasonic have not challenged IDCC's patents and what if Ericy signed a 3G license. Couldn't IDCC structure its 3G licenses in such a way that if Nokia lost the 3G lawsuit and then asked to renew the license after 2006, it would be penalized for challenging the validity of the patents. If Nokia were the only licensee that challenged the patents, penalizing it for that challenge would not necessarily meant that IDCC had discriminated against it. I think there is room for creativity and would not automatically assume that Nokia could not be penalized for its conduct.
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