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Saturday, August 02, 2003 9:15:13 AM
"The second argument COULD be very strong, depending on what the contract says. I understand that it lists ERICY as a trigger company, but one example of how that may not mean much is if the contract says the MFL clause is tied to the license of another major manufacturer, which CURRENTLY includes ERICY, etc..... Interestingly, this second issue does NOT require any docs from the IDCC/ERICY case to resolve"
Although the 1999 Nok-Idcc agreement did not refer exclusively to Ericy, it is clear that the determination of the Idcc-Ericy suit is what both parties had in mind primarily. It would seem most likely that Idcc would not allow a clause in the Nok agreement to nullify the affect of a win over Ericy if Ericy dropped out of the category of a major manufacturer.
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