Wednesday, August 17, 2016 12:51:35 PM
10-Q - Sharp Arbitration:
It's obviously good that this was resolved - just like they
said it was going to be. If you read the damages that
Sharp was claiming (a refund of $390 million), it looks scary.
But, as we know, the other side often takes a draconian stance
in litigation before there's a fair resolution:
<<Sharp Arbitration
On December 19, 2014, Sharp Corporation (“Sharp”) filed a demand for arbitration against the Company’s wholly owned subsidiary InterDigital Technology Corporation (“ITC”) with the American Arbitration Association’s International Center for Dispute Resolution. Sharp’s demand for arbitration is based on ITC’s alleged breach of the August 10, 2001 patent license agreement (as amended) (the “2001 PLA”) between Sharp and ITC. Sharp claims that ITC breached its FRAND commitments under the ETSI IPR policy, Section 6.1, by enforcing the 2001 PLA, thereby requiring Sharp to pay what it alleges to be excessive and discriminatory royalties. Sharp also claims that ITC breached the implied covenant of good faith and fair dealing in the 2001 PLA by charging what Sharp alleges are excessive and discriminatory royalties. Sharp further alleges that ITC should be promissorily estopped from charging allegedly excessive and discriminatory royalties, and that ITC should provide an accounting of overpayments resulting from ITC’s alleged failure to observe its FRAND commitments. Sharp is seeking (a) a declaration that ITC breached its FRAND commitments and breached the implied covenant of good faith and fair dealing, (b) calculation of new FRAND rates for the 2001 PLA, and (c) an order that ITC must return an amount to be determined for Sharp’s alleged overpayment under the 2001 PLA. According to recent submissions Sharp is seeking as damages a refund of a substantial majority of the royalties paid by Sharp under the 2001 PLA plus interest, resulting in an aggregate amount of damages of up to approximately $390 million.
InterDigital and Sharp have agreed to certain binding terms to settle this dispute and are in the process of finalizing a settlement agreement. As a result, the evidentiary hearing that was scheduled for July 2016 has been adjourned and all other scheduled dates have been continued.
The Company has not recorded any accrual at June 30, 2016 for contingent losses associated with this matter based on its belief that losses, while reasonably possible, are not probable in accordance with accounting guidance.>>
http://www.snl.com/Cache/c35334317.html
It's obviously good that this was resolved - just like they
said it was going to be. If you read the damages that
Sharp was claiming (a refund of $390 million), it looks scary.
But, as we know, the other side often takes a draconian stance
in litigation before there's a fair resolution:
<<Sharp Arbitration
On December 19, 2014, Sharp Corporation (“Sharp”) filed a demand for arbitration against the Company’s wholly owned subsidiary InterDigital Technology Corporation (“ITC”) with the American Arbitration Association’s International Center for Dispute Resolution. Sharp’s demand for arbitration is based on ITC’s alleged breach of the August 10, 2001 patent license agreement (as amended) (the “2001 PLA”) between Sharp and ITC. Sharp claims that ITC breached its FRAND commitments under the ETSI IPR policy, Section 6.1, by enforcing the 2001 PLA, thereby requiring Sharp to pay what it alleges to be excessive and discriminatory royalties. Sharp also claims that ITC breached the implied covenant of good faith and fair dealing in the 2001 PLA by charging what Sharp alleges are excessive and discriminatory royalties. Sharp further alleges that ITC should be promissorily estopped from charging allegedly excessive and discriminatory royalties, and that ITC should provide an accounting of overpayments resulting from ITC’s alleged failure to observe its FRAND commitments. Sharp is seeking (a) a declaration that ITC breached its FRAND commitments and breached the implied covenant of good faith and fair dealing, (b) calculation of new FRAND rates for the 2001 PLA, and (c) an order that ITC must return an amount to be determined for Sharp’s alleged overpayment under the 2001 PLA. According to recent submissions Sharp is seeking as damages a refund of a substantial majority of the royalties paid by Sharp under the 2001 PLA plus interest, resulting in an aggregate amount of damages of up to approximately $390 million.
InterDigital and Sharp have agreed to certain binding terms to settle this dispute and are in the process of finalizing a settlement agreement. As a result, the evidentiary hearing that was scheduled for July 2016 has been adjourned and all other scheduled dates have been continued.
The Company has not recorded any accrual at June 30, 2016 for contingent losses associated with this matter based on its belief that losses, while reasonably possible, are not probable in accordance with accounting guidance.>>
http://www.snl.com/Cache/c35334317.html
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