That the NOK arb will set the rate for Samsung 2G and THEN negotiations can begin in earnest over a global settlement of 2G AND 3G licensing, rates etc.
At which point IDCC might just offer some discount on the 2G award in order to get a rock solid 3G committment.
I still think that IDCC has to look to some sort of liquidated damagnes clause for 3G with infringers who litigated 2G with us, some self enforcing mechanism in exchange for a 2G discount, something to guarantee payments or else.
Samsung has no chance of extending its MFL clause to 3g coverage. They would have had to update their 2g license prior to the Nok PLA for 3g in order to be successful in that argument. They did not and the age old rule of law called TS applies to the Samsung claim.
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