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Re: None

Sunday, 05/18/2003 4:24:49 PM

Sunday, May 18, 2003 4:24:49 PM

Post# of 432774
Why NOK will pay
Comparisons have been made with the outcomes of the Ericy and the Samsung disputes in an effort to determine what is likely to happen in the Nok case. In each case there are significant differences.
In the Samsung case the dispute had to do with the MFL clause. Samsung was probably right in its interpretation of the clause and therefore won its case.
In the Ericy case, the issue was infringement, not interpretation of a contract, and Idcc decided not to risk its life by rolling the dice on a possible adverse jury decision.
The Nok case involves a contract with little wiggle room. Undoubtedly Nok is invoking the MFL clause and is saying that they shouldn't have to pay for 2002 or that the settlement with Ericy was a conspiracy to undermine them. With both complaints, they are on very thin ice. I don't see Idcc yielding on this one.
I'm sure each side knows the other sides position and is waitng for the other to blink. I think Idcc has already decided to go to the mat on this one. In this case the odds are really in their favor. No jury is going to screw this one up and even if the absolute worst happened, Idcc would still get paid the great majority of funds owed them.

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