Msg. 45559 of 48237 (This msg. is a reply to
45558 by
drwein72)
Jump:
The point the ALJ is making is that you cant have it both ways. IMO, the ALJ says that how can you have an "agreement" based on ETSI declarations when you are saying that the patents are arguing on the other side that they are invalid or not being used etc. There was no basis for their argument and the attorney writing their moting knew that going in.
Although Nokia did say that the only barrier to licensing was the FRAND rate, later in his opinion the ALJ stated that Nokia raised issues of validity, essential nature of IDCC's patents relative to the standards etc. It's hard to tell what exactly Nokia is claiming.
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