Friday, September 26, 2003 8:48:30 AM
SAMSUNG won the right to a NOKIA contract. The NOKIA contract defines the way a rate is set. IMO, IDCC agressively pursued this path with SAMSUMG until they decided to go back to arbitration.
No one wants to pay royalties. The only way to get companies to pay IPR is by force. NOKIA stonewalled IDCC for 2 years on its rates and SAMSUNG piggybacked NOKIA. Time for IDCC to let the DOGS out (F & J) and start some CEASE and DESIST orders regarding SAMSUNG 3G phone sales. That would shake up these guys big time. It seems that many more patent law suits have been victorious as of late. Both RIMM and MSFT lost two big cases.
loop, you said "Samsung has selected Nok for its rates and when they begin.".
I don't see it that way.
Samsung was awarded the same MFL rights and obligations that Nokia has. But not the Nok rate, necessarily.
So, InterDig is telling Samsung that the Ericsson settlement determined Samsung's rate (just like it says in the MFL clause). Samsung disagrees for some reason.
The first arbitration determined that Samsung was eligible for the MFL clause. This second arbitration will determine whether or not the Ericsson settlement triggers a rate under the MFL clause.
I was assuming InterDig would leave Samsung alone until Nokia (the big dog) was settled. To me, this news indicates InterDig's agressiveness - a good sign, IMO. Perhaps the Ericsson settlement (combined with nice royalties from NEC and Sharp) has virtually guaranteed positive cash flow for the foreseeable future and InterDig ain't gonna cave ever again.
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