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Re: None

Friday, 07/18/2008 3:08:50 PM

Friday, July 18, 2008 3:08:50 PM

Post# of 433277
IMO-There are two things that Sam and Nok will NOT allow to happen:(1)an injunction (2)court determined FRAND rates. With this in mind, the game is one of negotiating leverage. For the next four months Sam has a PERCEIVED advantage due to the staff's finding of no violation. This perceived leverage disappears Nov 25 when the ALJ rules. Even if no injunction is the ultimate ruling, the game merely chages venues to the FRAND proceedings, where IDCC holds the leverage due to its' option to let it go the distance with the court deciding the rates. There is no way that either Sam or NOK allows this to happen, especially in light of documented remarks by NOK representatives regarding the value of essential patents. Allowing a third party to dictate rates is totally unacceptable, which is why the previously triggered license Nok had with IDCC was negotiated away. This thing is coming to a head soon, because I think that Nok is paranoid that No. 2 Sam will establish a FRAND rate for them. I would not be surprised to see Nok step ahead of Sam and negotiate their own rates, meanwhile letting Sam play the FRAND game if they so choose.
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