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• Samsung's 3G patents? - Authored by: Anonymous on Monday, August 27 2012 @ 02:33 PM EDT
  • Samsung's 3G patents? - Authored by: Anonymous on Monday, August 27 2012 @ 03:18 PM EDT

Third, that, if the accused products infringe, it is because the baseband chips substantially embody the ’516 and/or ’941 patents.

Note the if - i.e. exhaustion is not dependent on infringement.

What that is saying is that if you find that the product does infringe, and want to argue exhaustion, then that infringement must be due to the chips themselves. I.e. the licence you get with the chips only covers those chips and doesn't extend to other parts of the device.

In other words, the crucial questions were (a) were the baseband chips already licensed (yes) and (b) Apart from those chips, does anything else in the product infringe the patents (no).

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