InterDigital Inc (IDCC)

[whizzeresq]

Sjratty--I agree that what you have posted may be Nokia's strategy. I doubt they will be successful. The important thing to remember is that a stay of the Appeals Court mandate is not automatic if Nokia were to seek an appeal to the US Supreme Ct. Nokia would have to file a Motion before the Second Circuit seeking a stay of the mandate by showing good cause and that it is presenting a substantial question. I think it is highly unlikely that Nokia would be able to win such a motion based on the nature of the decision of the Second Circuit. I actually think that the Second Circuit will speedily dispose of Nokia's rehearing petitions by the end of August or early Sept. and that they would not stay the mandate even if Nokia were to seek a discretionary review before the US Sup. Ct. We don't know the ALJ's calendar, however, and whether he would be able to schedule a Nokia trial before the conclusion of his Samsung target completion date of Nov. 25.

The other thing to remember is that we have no idea whether the ALJ has bought the FRAND argument and could very well recommend an importation ban against Samsung. In that case, Nokia would face a ban unless it were willing to agree to IDCC's proposed rate. I would be willing to bet that whatever rate IDCC may have offered Nokia before Judge Batt's ruling may not be on the table today as a result of the Second Circuit's ruling. And today's rate may not be on the table to Nokia after Nov. 25 if IDCC is successful against Samsung. IMHO