Following up on the infringers claim that UMTS participants should not be able to seek injunctions because of the French interpretation of the covenant to license.
1. ETSI has never backed this interpretation.
2. If ETSI had sought to alter the commercial enforcement of patents around the world, they would have required each member to sign a waiver regarding injunctive relief.
3. The only remedy available at the ITC is injunctive relief. The USA is not going to allow an interpretation by French lawyers to close an agency created by the Congress.
4. Bans are being issued around the world in direct contradiction to the French interpretation.
5. Each infringer has been a claimant at the ITC. It is the old "you were here last week starting a 337 investigation against alleged infringers of your patents and today you are telling me that I have no jurisdiction to issue a ban on your products because another party is alleging you are infringing their patents. Get the F outta here with that nonsense".
While any motions and pleadings should never be taken lightly, I would not worry too much about the success of the French interpretation.
MO
zzfan
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