Saturday, August 30, 2003 4:13:47 PM
Q. Would Sony/Ericy rates qualify to set Nok rate?
A. "Nok agreed (in the 1999 contract) that its royalty obligations would be determined by the financial terms of any future license to Interdigital's patents taken by certain named major competitors (as well as their successors, assigns, and asset purchasers)"---on page 2
Q. Were the PSJ's vacated?
A. "the relevant orders construing the claims of the Interdigital patents that were at issue in this case were interlocutory, and have all been vacated."---on page 10
The issue concerning the possible warranty was not alluded to in the filing. I doubt that it exists since:
1. It is very unlikely Idcc would have settled if it had existed.
2. Idcc went through a long mediation. This would have been cut short if the mediator, who saw the contract, had spotted that clause. The logical question she would have posed to Idcc would have been,"Why are you mediating this when you know that it will eventually go to a jury?"
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