InterDigital Inc (IDCC)

[The Count]

Missing testimony on FRAND

I think the strongest statement on rates would be the LG and other signed licenses, with would've been raised in the non-public sessions. It would be very tough to refute an arms length transaction between independent companies with no duress that has been paid in full by a top tier company. I think that will trump Mr. Ugone's esoteric patent counting methodology taken from a Nokia financed study using an arbitrary royalty cap set by the manufacturers.

Judge Luckern impressed me with his questions and his handling of the case from what I read. I feel confident he will gain an understanding of the facts and make a well reasoned decision within the law. That does not mean I think the decision is obvious, as I don't understand the parameters of the ITC and what constitutes the public interest. I hope it is set up to punish the tactics that SAM and NOK have been using. I doubt very much that Judge Luckern will be overturned as he is experienced and knows what he is doing.

One bright spot is if we were to lose, we do get a second shot in fairly short order with this practice run under our belt. Not exactly an ace in the hole, but it is something.

I think it is 50/50 that there will be a settlement. I also think it might be possible that the parties wait for the decision, then settle based on a prior agreement that is contingent on the decision. Like most here, I am hoping for a reasonable settlement, which to me means no less than LG. My hunch is that nothing will happen until mid November, but I will be checking every day with some hope.