InterDigital Inc (IDCC)

[loophole73]

Corp_buyer

"How is it in your view, that Samsung only inherits the good terms i.e. Nok rate, but Samsung does not inherit the nasty terms from the Nok license i.e. the Ericy trigger?"

This is the very essence of a MFL clause. It works to protect the first licensee. If Nok settles on a rate tomorrow based on the Ericy and Ericy/Sony licensing, Samsung is contractually bound by that rate if it is less than its original rate. They do not fall into the shoes of Nok because the license between Samsung and IDCC does not contain all of the triggers. They are bound by the rate. Thus, Samsung does not inherit the triggering goodies, but they are bound by the rate and terms of the Nok settlement. Conversely, if Samsung goes away from the MFL and sets a rate based on anything including the Ericy and Ericy/Sony licenses, it does not cut off the ability of Nok to push forward with its arbitration under its license. The parties are not equal.

No mas, no mas, i have exhausted the subject until we see further disclosures from IDCC.

MO
loop