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Wednesday, August 06, 2003 8:05:00 PM
Thanks for your really clear discussion of the two main arguments of Nok.They are:
1. Ericy/Sony does not qualify as a mentioned OEM under option three. This will be decided by the arbitration panel and not a court.
2.If Nok loses argument 1 in arbitration, then they will challenge the circumstances by which the rate was set via the Ericy/Sony deal.This would need to be settled with the help of the court in opening the documents which would then be reviewed by the arbitrators.
It seems probable that the panel would begin to look at argument 1 soon. This could occur simultaneously with Nok petitioning the courts for the documents. Idcc must prevail in Argument 1 or it it all over and argument 2 becomes moot. I think their chances of winning argument 1 are excellent. Assuming they win in 1 and win in Judge Lynn's decision, then I doubt that the arbirators would delay for years while Nok exhausts its appeals. I believe the panel would not take more than a year to decide. I feel that it is likely that in the end Idcc would be paid a substantial amount if not everything they are requesting. Idcc is not asking for 5% but .5% royalties. Nok signed a contract. What did they think they were going to have to pay? I'm sure arbitators have a sense of fairness.
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