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Re: gatticaa post# 238872

Tuesday, 11/25/2008 1:37:10 PM

Tuesday, November 25, 2008 1:37:10 PM

Post# of 432729
No enforcement of binding term sheet

I asked her that given IDCC's experience with binding arbitration with Samsung, how binding is the binding term sheet. She replied that if they did not sign, then there was the ITC ruling February 9.

Above per Janet. Below my thoughts.

My goodness, what kind of masochist would want to enter into another lengthy legal process to enforce a contract, further delaying IDCC getting paid. It's time to move forward. If they don't want to pay a fair rate, get an ITC decision. If you win, then get your price with the leverage of a ban. If not, proceed to court and get a FRAND rate or settle at lower numbers to get a deal done. I believe IDCC does have at least one valid and infringed patent and therefore I'm willing to get a decision. QCOM exploded after it got its big win. I'm sure there was great pressure on them to settle for something that might have tripled the stock price. Would've been a terrible mistake by them. If you've got the goods, get a fair price or get a ruling.

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