InterDigital Inc (IDCC)

[The Count]

Sammy's risk is beyond our current offer

IMO, the fact that we made an offer to SAM does not provide them with a worst case settlement. I strongly believe that any offer made in the past can be withdrawn. Let's say you were negotiating to buy an oil rig in the gulf a month ago and made an offer that was not accepted. When Ike began you would pull that offer off the table. Maybe the seller gave you a reduced offer as the storm got nearer. Now it's passed and the rig is undamaged. Do you think you can go to the seller and say, okay, now I accept your offer? No way. Similarly, there is no way SAM or any defendant in an ITC case could accept an earlier offer after losing the case. Otherwise it would be stupid to bring any action before the ITC if there is big risk and no reward.

This is just my opinion as I am not knowledgeable about the ITC, but your theory makes no sense - it would discourage any defendant to settle and my impression is that the ITC wants settlements, not decisions.

Frank