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Friday, June 20, 2003 8:11:46 AM
Glad to see that some of my calculations on this matter make sense to someone other than myself. Brokentrade brought up some good points, and they might represent Nokia's line of reasoning if they decide to arbitrate. The issue of a bonafide and good faith contract with Ericy does concern me somewhat, as I think that is Nokia's only possible line of defense. It does appear that IDCC gave-up significant past royalty for a better rate going forward with Ericy. However, I still believe that IDCC in essence gave Ericy the same royalty rate that they gave Nokia for the past P1 period. It will be extremely hard for Nokia to argue that this low past settlement with Ericy is unfair and in bad faith, when that is comparable to the rate Nokia paid IDCC for the past P1 period through 2001 also.
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