If Nokia offered to license its patents under non-discriminatory terms according to the ITC, then there would be no issue.
Well you don't know what the terms were or were not.
Nokia is desperate because of the market share they're losing in the cell phone business, at least in North America (I know they're still strong in Europe).
Maybe it's just my lack of english, but doesn't desperate mean something like "only thing left to do" or something like that.
In USA Nokia has been a non player for years mainly because of non existing operator "support". People in USA just don't want to buy phones without contracts. And Nokia doesn't want operators crippling their phones. But I see very little in this case that would help sell more Nokia phones in USA, so the market share loosing in US has nothing to do with this patent case..
Nokias market share is still around 38-40% of all phones sold worldwide. It sells more phones in one quarter than Apple has sold ever.