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Sunday, December 07, 2008 12:51:34 PM
With regard to the 8K you keep posting about, I do not think that there is any reason to conclude that it means IDCC came to some sort of a firm deal with Nokia. IDCC could have released it for the reasons that Data posted. Also, remember that Judge Batts issued her injunction on Mar. 20. IDCC released the "substantial progress" 8K on March 24. IDCC very well may have wanted to release something to soften the likely impact of the Batts ruling on IDCC's share price. Or maybe they thought they had an agreement with Nokia and Nokia pulled out after the Batts decision. Also, remember Merritt's later statement that Nokia had made them an offer of the type that the company would have accepted in the past. Perhaps Nokia had never offered anything in the past and by making an offer to IDCC, IDCC took the view that they and Nokia had made substantial progress in their negotiations. You see, one can make a number of conclusions from that statement. I certainly have not concluded from that statement that IDCC and Nokia had reached a settlement of any sort. In fact, my conclusion would be the contrary. And, in my opinion as a lawyer, I don't think that 8K exposed them to any liabilty.
With that said, I believe that Nokia and IDCC will settle. In my view, it probably will be on the eve of the beginning of the IDCC/Nokia trial at the ITC. I think Judge Luckhern will conduct a settlement discussion before then. Given all that Nokia has done to delay that proceeding already, I don't think that they will want to go the full route or do anything to further piss off the judge.
Mickey, I really do wish you well and it was good to see you post. Please, be careful. IMHO
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