InterDigital Inc (IDCC): Data and lawyers there's been a mater...

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Re: Data_Rox post# 45010

Tuesday, 09/30/2003 7:14:24 PM

Tuesday, September 30, 2003 7:14:24 PM

Data and lawyers

there's been a material change in the patents and enforcability since the "license" was "signed".

IF Ericy's contract is a valid trigger for Nokia under the contract, then does it matter if the patents are not enforceable? I assume the contract regarding Phase II including the 2G "license" was properly "signed". If IDCC and Nokia entered into a valid contract, subsequent changes in market should not affect the terms or enforceability of the contract, yes?

If it were determined that IDCC's 2G licenses were truly worth a 15% royalty rate, could IDCC go back and say, "Whoa, we undercharged you, so forget what ERICY agreed to, we're going to negotiate a new rate based on the new information." I don't think so and I don't think Nokia can back out now either.

I'm NOT a lawyer, I'm just trying to use common sense, which I KNOW is a mistake where the law is concerned, so let me know if I'm wrong.