InterDigital Inc (IDCC)

[rmarchma]

Mickey re implied agreements you said:

...."If IDCC said no agreement they would be 100% correct. I stated they agreed predicated on the Samsung rate, which not even IDCC knew what the final rate would be. So technically they have no deal. Can they have agreed to all other aspects of the contract but the final rate, sure they could, does that make a deal, no it doesn't. Could they agree on everything but the final rate, and have either a written or oral agreement that once a final rate with Samsung is known then we will have a deal. Is that a agreement, not in my opinon,it is a implied agreement."

How does the above differ from the following situation in my previous post as follows:

A past example of an an IDCC legal agreement, which contained a contingency clause, was the Nokia 2G agreement. Nokia had agreed to pay IDCC a recurring royalty after Jan. 1, 2000 at whatever royalty rate its major competitors Ericy or Motorola agreed to pay IDCC. We all know what kind of problems that particular contingency clause created, but it was still a valid legal agreement and Nokia ultimately paid IDCC 2G royalties.