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Wednesday, June 04, 2003 5:44:09 AM
I have felt that the essence of the NOK contract with IDCC was to let the IDCC-ERICY case determine the validity of the IPR. Thus the inclusion by NOK of the warranty that IDCC would continue the litigation with ERICY. In other words, rather than face a suit from IDCC which neither NOK nor IDCC wanted, they would let the court decide in the ERICY case as to the validity of the IPR. Might not an arbiter decide that the out of court settlement in this case was an abrogation of the letter and/or the spirit of the NOK-IDCC agreement?
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