Replies to post #104589 on InterDigital Inc (IDCC)

[whizzeresq]

Data_Rox--Thank you for the ETSI link. As I stated in my first post, the policy does require non-discriminatory licensing of essential IPR. The policy, however, does not define what "non-discriminatory" licensing means. I would argue that the ETSI policy imparts an obligation on manufacturers as well. If a patent holder's IPR is included in the standard, then the manufacturer accepts such a determination and obtains the license on a non-discriminatory basis. Once a manufacturer challenges the patents in a court, it waives its rights under ETSI. Therefore, in the event that IDCC wins the 3G lawsuit in Deleware, I believe that IDCC would have a strong argument that it was not obligated to license Nokia under ETSI. IDCC could obtain an injunction against Nokia sales in the US and could then litigate the ETSI issues. In the meantime, Nokia would be foreclosed from covered 3G sales in the US and, presumably, would lose substantial market share to any manufacturers with 3G licenses. I believe Nokia may have made a serious mistake in bringing the 3G Lawsuit. IMHO