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Re: None

Saturday, 03/01/2008 1:27:20 PM

Saturday, March 01, 2008 1:27:20 PM

Post# of 432890
I feel the reason Samsung has asked for the stay at the Appeals Court is so that they can delay having to pay longer. Ponder the fact that if the ITC accepts Sam III, would not Sammy do all they can to prolong the process and delay delay delay. Making a decision not possible until at least a minimum of up to 6 months after development of the terms of reference. But we know this time frame can also be extended for various reasons and permission of the arbitrators and the ICC/ICA court. What better reason for an accepted arbitration delay than we are presently in litigation with IDCC at both the ITC and Delaware court. Therefore, we need an extension of the arbitration until such time as we conclude these pending litigations.

I am not saying the above will result, just possible moves by Sammy. After all this is about out lawyering and manuvering the other guys to your clients objective. Therefore, I feel that IDCC is certainly taking the right action by contesting Sammy's stay request at the Appeals Court. We need to keep all trains on the track with their present schedules. Any schedule changes allowing a delay is only beneficial to Sammy and possibly Nokia. Now is the time to keep their feet to the fire. It is getting hot in here and will get much hotter real soon as this is the 1st day of March.

On the other hand the arbitrators could rule to reject Sammy III and set IDCC's 2006 royalty payment as they have requested. Such a ruling would in my opinion definitely make the Appeals Court action filed by Sammy mute and a frivolous action if continued.
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