"is this not saying indirectly that NOK is infringing? If the current ITC case and the remand commission can't see this, something is wrong"
I could not agree more, on both counts!
1) nokia IS INFRINGING
2) SOMETHING IS WRONG! Too many times IDCC has been dead on and yet it takes YEARS of appeals for the courts to agree. It is hard not to assume certain judges are being bought.

"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein