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Sunday, July 27, 2003 10:37:58 PM
1. Earnings for Q2 and the ability to guide is very important for the short term stabilization level.
2. I believe that the term "warranty" will reappear regarding the Nok strategy. I also believe that "concessionary" is deflective and in reality means "zero" liability. "Generally paid up" had to do with Mot and Mot has not happened. I still believe that Nok is seeking to get a free ride for 2002. I just do not believe that they are upset with the royalty rates in the Ericy licenses. I must qualify that last sentence with an "if IDCC has essential patent claims in TDMA/GSM".
3. Remember the term "insurance" license. IDCC wrote the book on these licenses in its 2g saga. It will have some significance in the Nok arguments and NEC matters will reappear during the saga of arbitration.
4. Matters discussed in mediation are confidential and privileged against the use of the parties against the other party. The mention of documents does not put a lock against their discovery if they are relevant in another action. Much could be learned from a complete reading of the warranty IDCC gave to Nok regarding the Ericy litigation in the 1999 agreement.
5. F&J and Mike McKool (Mike Senior passed away last month) did not draft the settlement memorandi. Both were informed that the matter was settled and duties ended with the non suit.
6. F&J represented IDCC on behalf of the insurance carrier. They were selected by the carrier on the basis of the forum. They do not serve as general outside counsel of IDCC.
7. The importance of Hesha Edwards in the settlement process is misleading and overrated.
8. The mandate will one day be revealed as a business decision to create as much cash flow as possible to support the company in its all out gamble on W-CDMA and related products.
9. IDCC and Nok mutually believed that the Ericy case would be tried and over on or before 1/1/2002 at the time of the 1999 agreement.
10. The earnings report and 10Q will be very informative with respect to paying licensees. I hope that Mr. Tilden has given us a sneak preview of some renewed activity by previously dormant "insurance" licensees. Any new licensees will be found in PR's and an accompanying 8k. IDCC will be able to show nice cash flow through Q1 of 2004 on the basis of previous agreements. They do still have several old rabbits laying around to fill in missing revenue.
11. I suspect that Migo and teecee are correct that we have lost a lot of good long term shareholders recently. When I returned home today, I had messages from guys that put me into this stock many years ago. They have decided to take their profits and go. They were not negative about the stock. These guys are up in years and do not want to worry about it any longer. They said the world in general has changed and they are going to have as much fun as they can right now. They may have something in their attitude shift. I will be standing when Mschere is standing although I must say that what he views as fact, I view as hope.
12. I really feel sorry that the shorter term shareholders are having to go through this nonsense with our "strategic" partner. It has been a way of life with 2g and is a source of great frustration. The fact that IDCC has been unable to license its CDMA with EU companies leads me to believe that not much negotiation has been successful with Ericy as far as 3g is concerned. I do not know how much longer HG is going to wait with that company, but if we sued those people with integrity tomorrow I would be very happy.
13. The arbitration will represent the end of the 2g saga. All of our tea leave reading has been so wrong for so long, I will welcome the end. I just hope that IDCC has 3g under control by 2006.
Good luck to those still around.
MO
loop
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