« IDCC Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next

Re: I gotta give this guy credit for sticking to his guns. But really! Facts?...Common Sense!??? When have either of those made a difference? 

By: zzfan in IDCC | Recommend this post (2)
Fri, 01 Feb 13 7:48 PM | 285 view(s)
Boardmark this board | InterDigital Communications
Msg. 46465 of 48237
(This msg. is a reply to 46462 by tfwg)

Jump:
Jump to board:
Jump to msg. #

Facts and common sense make a big difference, but they do not mean a thing unless the company and its lawyers portray them in the case. Spending the entire opening statement laying out the complete history of the litigation efforts used by pNokio to avoid its obligations as an alleged WILLING licensee would arm the ALJ with every prerequisite needed to justify the issuance of a ban in the initial determination of the investigation. State how much these efforts have cost IDCC. State that despite these actions, IDCC has been willing to negotiate a FRAND rate for 14 years. Staying within the four corners of the patent claims and the products fails to portray the big picture.

Expose the 1999 license with rates to be based on rates with other companies on the team. PNokio's lawyer blurted out in Judge Lynn's court that Ericy was not supposed to settle. OMG, a member of its cabal went outside of the ground rules. Holy shit, what if those fools knuckle under for a 3g rate. We better claw, fight and stall as long as possible on this 2g problem. A few years later, dead and stinking on the verge of an unfavorable ruling by the 2nd Circuit CCA regarding an arbitration award, we better settle and repudiate that hokey 3g license we signed six years ago. But what about willful infringement? No worries, remember that French expert that we hired to advise us in forming UMTS. You know, the guy that came up with the implied license theory. It will work if we are ever sued by these non manufacturers. They will go broke before they get to 3g if our team members will just stick to our agreement to stonewall 3g. Boy, lucky we did that because those idiots at Sony (Ericy) just signed a license. Well we have made it 14 years. The problem is they did not go broke. If we just had not crushed Nortel, these guys were on the ropes. What now, do we try the ITC thing or trick them again with a 3g rate with 4g to be named later. Oh yeah, they just filed one of those 337's on 4g. Ah, have another vodka and we will talk about it after their super bowl. Do you know any of the refs in that game?

MO
loop


- - - - -
View Replies (1) »



» You can also:
- - - - -
The above is a reply to the following message:
I gotta give this guy credit for sticking to his guns. But really! Facts?...Common Sense!??? When have either of those made a difference?
By: tfwg
in IDCC
Fri, 01 Feb 13 2:24 AM
Msg. 46462 of 48237

Cheesy Grin Cheesy Grin Cheesy Grin Cheesy Grin Cheesy Grin from icry:

Common sense defeats the willing licensee theory.

At what point are you WiLLING to stop paying lawyers and begin paying the same money as royalty to the IPR holder? If you are exporting 25 million phones to the USA and you are paying your lawyers 25 million to defend you in a 337 investigation, you are paying a dollar a phone anyway. Making matters worse, every dollar the IPR holder expends to enforce its rights is added into the formula for determining a FRAND rate. Thus, the only reasonable conclusion to draw from your stonewalling is that you are WILLING to join with others who are WILLING to squeeze the US inventor into a survival existence or bankruptcy. Clearly you are making enough money from using the IPR of the US inventor to WILLINGLY engage in these unfair business practices. You obviously are passing on the massive amounts of money you are spending around the world to the consumers in order to play the bullying games. Your slips are showing fellas. This is not about inventions or protecting consumers. It is and has been about about the pNokio games started years ago to entice the small inventors to bring forth their wares for the taking upon promises that were never intended to be kept. Instead of playing for team MENS, you now play for team WILLING. Some of the old players have retired, but they have been replaced with capable players on the roster to follow the traditions of the founding veterans.

MO
loop


« IDCC Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next