InterDigital Inc (IDCC)

[ziploc_1]

TC


If the 1999 contract with Nok had contained the following clauses, I would be more comfortable with the assumption that Nok agreed to the essentiality of the patents.

1. "In any event the royalty rate will not be less than .1%"
2. "In any event the royalty payments will start not later than 1/1/03"
I'm sure that these clauses were discussed and rejected by Nok in 1999 and Idcc AGREED to go ahead without them. Now binding arbitration has been successfully stalled by Nok for 4 months without even the selection of a panel. Since Idcc has apparently not sued to start arbitration, must we assume that they AGREE to this delay? We can guess that if and when judge Lynn disallows the unsealing of the Ericy documents in the hearing on 11/24/03, Nok will appeal. Will Idcc sue to start the binding arbitration or AGREE to further delay?
Recent events have confirmed my old impression that a court decision against Ericy was necessary to empower Idcc and even if Ericy went bankrupt as a result and never paid Idcc, Idcc would still have been better off in the long run. I am now thinking that we still need that decisive court decision. We better not spend our precious cash reserves with stock buy backs in the meantime.