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To: Clarksterh who wrote (42519)	9/25/1999 11:47:00 PM
From: D.J.Smyth	Read Replies (1) \| Respond to of 152472

clark ot, "I would bet a lot of money that it won't actually hold up in court against GSM at all...e.g. is anyone using their modulation scheme an infringer? Ans - no, since people have been using that scheme long before their patent..." thanks for your response. i'm not an attorney. I do know that IDC holds separate patents within the GSM environment which cover various elements of that system. I'll give you some of the patent numbers for review if you desire next week. They've used their GSM patents to license, in the last four years, four major Asian parties utilizing GSM infrastructure/handset manufacturers separate from their TDMA. In fact all current IDC licenses, including the one just signed with Japan Radio (JRC) was for both TDMA and GSM. the $70m NOK agreement was for both GSM and TDMA going forward. As for "prior art" being involved relative to "anyone using their modulation scheme" - you may be correct. But the system must be looked at as a whole - not in it's separate parts (the parts argument was the same argument the MOT lawyers played out in front of the befuddled American jury - however, when played out in front of patent specialists in German court in 97, IDC won out) Kinoshita in Japan deomonstrated a crude form of modulation in a TDMA system around 77 (didn't patent it) and an Austrialian University demonstrated time division in sending messages. However, it was IDC that put all the pieces together and formed a workable art - the same system which ERICY and MOT. "borrowed", vocoders and all; there was little discernible difference bw IDC's fully patented TDMA system which covered both mobile and fixed and MOT's and ERICY's early systems. Frankly, viewing current TDMA improvements over GSM over the past year, technologically TDMA should be a winner; yet GSM continues to win in the buildout.