InterDigital Inc (IDCC)

[j70k]

Part II to the strategies of both sides is the effect to Nok if Sam decides to let it go the distance. If the ALJ sides with IDCC and infringement and injunction are in order then Nok is up sh*t creek without a paddle. Nok's dilemma at this point is that it risks Sam dictating its' future. I agree with my3sons as to validity and the real issue is now the very weak implied license defense favored by staff. Use of IDCC ipr by Sam is a no brainer, the only question remains was it used under implied license or was it infringed. The latter will bring injunctive relief and the DELAY game is officially over-ADVANTAGE IDCC. How much influence does Nok have on its' number one competitor? My bet is that Nok will not chance Sam making a blunder that affects Nok's ability to control its' own destiny. The only reason, other than actually believing in the implied license defense, that Sam would risk taking this the distance, would be if it is merely bluffing on the rate and is willing to accept the current IDCC terms, thus in convoluted logic it gets a free shot at more delay. This strategy could really backfire and points all the more to why it is in the best interest of all parties to settle BEFORE the ALJ renders his decision. IMO