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Re: None

Thursday, 12/04/2008 11:40:26 AM

Thursday, December 04, 2008 11:40:26 AM

Post# of 432931
IMO-It's important to put the 8k re substantial progress in context of what had just happened. I don't think that it was a coincidence that it came out after Shay's comment regarding the date of Batt's decision being inconsequential. Also, Nok was still negotiating with Qcom and possibly using IDCC as leverage. Most likely progress had been made and a settlement was close, but when Batt's decision came down, all bets were off for the time being, and the strategy of settling with IDCC before Qcom, was tabeled. I do think that Nok will settle prior to the hearings start date, because going beyond that stage becomes a huge negative in their very important quest to penetrate the US market. The threat of an embargo is out of their control, and IDCC may decide to make Nok the poster child for all infringers now and in the future. Bargaining leverage changes when litigation costs continue needlessly and I don't think that the ITC wants to waste their time on a matter that would have already been settled had Nok not pulled a fast one on the ALJ. I would look for settlement to occur sometime after the Sam settlement payment option is announced and before the hearings begin. JMO
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