InterDigital Inc (IDCC)

[j70k]

With a little over 3 months to go until a possible DD(deliverance from delay) day, it is interesting to look at the various strategies that Sam may be contemplating. Does Sam roll the dice and allow the ALJ to rule or does it settle prior to Nov 25th? If Sam takes it all the way, it risks a ruling of infringement and injunction( although this must be confirmed by the commission ) and with this ruling, loses any type of negotiating leverage it may have had ( ie: staff recommendation, 2g monies ). The TIME element would dramatically shift to IDCC's favor because of the injunction. On the other hand, if the ALJ sides in favor of the implied license defense, Sam knows that this is only a delay of the inevitable, as proceedings will move to the FRAND trial. This would give Sam the upper hand in negotiations because of the TIME element as I doubt that IDCC would want to string this out another 2 years. IMO, this comes down to what probability of success does the legal staff at Sam assign to an implied license defense? What is the pucker point for both sides prior to Nov 25? Negotiating leverage for both sides will dramtically change after this date. All in all, this is shaping up to be one incredible Thanksgiving weekend-lets hope we can be giving thanks to a very astute ALJ or be celebrating a settlement. GLTAL