InterDigital Inc (IDCC)

[JimLur]

mschere , My thoughts on your questions.

You asked "Will IDCC's prior estimate of an evidentiary hearing sometime in January 2005..now be expedited in view of the fact that the sealed Documents can now be viewed by the Arbitration Panel.?"

My guess is yes. As we know previous arbitrations took a lot less time but then the arbitrators weren't waiting on a decision by a judge on what is available to them. I think it might make sense to take the date Nokia filed that motion and the date the Judge provided her response and deduct that from the original filing of arbitration by Nokia. I would also add it's still up to the Judge to provide the documents if she thinks the arbitration panel has good reason.

You also asked , "Do you think that the Arbitration Panel in trying to establish a "Fair and Reasonable " 2G rate for Nokia..will view Sony/Ericsson's 2G rate with IDCC as having been established in a competitive and open market and assume that ALL the Parties concerned (Sony, Ericsson,IDCC) acted Prudently and Knowledgeably? "

IMO the arbitration panel is not trying to establish a rate because Nokia established their own rate in the original agreement with IDCC when they agreed to a triggering event. What they are trying to establish is what time frame applies under their agreement as well as what products. At best all Nokia has is a MFL clause which suggests the best they can get is what ERICY got.

JMO