Great ruling for IDCC and as expected. We have to remember that since the filing of this action, much of the Nok evidence upon which it relied has been ripped from its grasp. Nok believed that it had the Sander's ruling on 7 patent claims in its back pocket as an intervenor-party in the Ericy case. Nok is also in the middle of challenging the remaining claims in the Ericy case in the UK. If they are unsuccessful in that litigation, there little arsenal of intended proof will blow up in their own storage bin and have no use in the DE case at all. The UK 2g challenge and Sander's rulings were the foundation and predicate of their "bad faith" allegations and proof intended for the Lanham action.
Now they will either have to revisit the 2g issues for the Lanham matter or produce their 3g product plans and prove that the allegations of patent intersection by IDCC is both false and made in "bad faith". A revisit of 2g may be met with a limitations or laches challenge since they admitted in open court that they could mount a challenge under the IDCC licenses since at least early 1999. Their problem with proving no intersection of patent claims for 3g is the continuation of the steady issuance of new patents taking place today.
All in all Nok will have a hard time managing its case from this point forward and the potential to be derived from their efforts may not be worth the ride laid out in front of them.
This is a nice result that significantly reduces the legal costs for IDCC going forward.
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