NOK is now saying
1) the 970 patent, which was ruled infringed but invalid and declared essential to some GERAN standard, just adds WLAN functionality to the essential standard, so it must be an SEP too. obviously, they are doing to in the event that the ALJ is reversed from the invalidity ruling so the patent will be viewed as SEP, aka don't exclude me.
2) the decision to not stay the delaware FRAND rate setting, which was dismissed with leave, is now clear... they are saying that they are willing licensees and that they were willing to let court set the FRAND rate, even though they they weren't bound to take it...so that means they were "negotiating" under good faith... aka... don't exclude me.
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