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Re: mschere post# 49755

Monday, 11/24/2003 2:02:21 PM

Monday, November 24, 2003 2:02:21 PM

Post# of 435915
mschere, I think the named triggers in the '99 contract were MOT and ERICY. ERICY had an ongoing suit with IDCC, and MOT had already won theirs. These two were, I believe, the leading handset manufacturers at the time (somebody correct me if I'm wrong). NOK probably felt pretty confident that ERICY would prevail in their suit, and that IDCC would end up signing neither of the triggering companies - thereby letting NOK off the hook for 2G. They probably felt that IDCC would be so crippled by the result that it would be unlikely that IDCC would get the kind of 3G rates they deserved. Then ERICY's handset share dropped and they got into financial trouble, subsequently entering into the SONY/ERICY JV. NOK seized upon this as another way to get out of its contractual obligations, claiming SONY/ERICY is not a legal trigger.

We either need the arbitrators to tell NOK that SONY/ERICY counts as a trigger or we need MOT to sign a 3G license at this point. Just my opinion, of course.

i_q

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