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Re: ams13sag post# 42291

Thursday, 08/28/2003 2:07:02 PM

Thursday, August 28, 2003 2:07:02 PM

Post# of 432922
AMS - Ericy's response was apparently orchestrated to help defeat the Nok motion and also assist IDCC in the arbitration e.g. by stating that Ericy is a "major" competitor to Nok.

I do not realize all the ramifications of Ericy's statement about it continues to deny that Ericy infringes any IDCC patents. It is probably indicating that they have avoided a legal finding of willful infringement such as occurred in their litigation with Harris.

However, Ericy also added a statement that their license is not due to any unique design of Ericy, which would seem beneficial to IDCC in the arbitration with Nok if there is an argument about IDCC's patents being equally applicable to Nok as to Ericy.

The bottom line is that it is in Ericy's strong interest to ensure that the Nok license with IDCC is indeed triggered and that Nok pays the same rates to IDCC as Ericy, whatever the reasons for Ericy having taken a license.

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