InterDigital Inc (IDCC)

[j70k]

Another way to look at this situation-what ramification(s) does the ALJ decision have on the future of the ITC and its' effectiveness in protecting US patent holders against infringers. If a vague French law can supercede blatant infringement and remove permanently any threat of injunction, then the ITC may as well close its' doors. Another effect of the upcoming decision is how future standard boards will be structured. Why would any non manufacturer, that owns a patent that would definitely be considered essential, ever declare? So, the question Sam and Nok have to answer at this point is, do they want to roll the dice and have an ALJ decision in favor of injunction become a matter of public record, or is it better to settle before Nov 25th and still be able to play the same stall game with future generations of wireless? Even if they roll the dice and the matter goes to a FRAND court,there is no possible way they would want a court to decide their rates, and the power now shifts to IDCC, because we may feel that settling is no longer an option. The power of all our other licenses with top name manufacturers,along with the history of what Sam and Nok have tried to do to essentially put us out of business, would not be lost on the court in setting rates. The upcoming decision by the ALJ is a game changer for the wireless industry and Sam and Nok have plenty to lose, but ultimately not as much to gain. JMO