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Re: plumear post# 51882

Thursday, 12/11/2003 3:37:20 AM

Thursday, December 11, 2003 3:37:20 AM

Post# of 432679
In my view, the validity of the patents is not a propper subject for arbitration. Nok signed a license. In dispute are whether the Ericy license is a trigger and if so what the rate should be. It would be quite a burden for Nok to show that the Ericy license was a fraud designed to hurt Nok. In the absence of such evidence, Ericy is obviously a trigger and the panel has to look at the rate to see whether it is fair. While Nok tries to stall, asking for the sealed documents, which in their opinion show fraud, the panel can resolve the rate problem. Nok would like to go to court for repeated hearings as an end unto itself. The panel can and should put a reasonable limit on that. This could go faster than you think.
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