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Re: mickeybritt post# 243381

Monday, 01/05/2009 4:35:51 PM

Monday, January 05, 2009 4:35:51 PM

Post# of 436130
Mickey: I know I am not going to change your mind, but maybe this will help you understand IDCC's future projections a little better.

First some quick background. The use of foward-looking statements is covered by The Private Securities Litigation Reform Act of 1995. This Act provides a "safe harbor" to prevent companies from being sued for certain forward-looking statements. Prior to passage of the Act, many times after a company’s stock suffered a sharp decline, lawyers would look for any information that a company put out that turned out not to be true to use as a basis for filing suit. Companies therefore became very hesitant to give any projections. In order to provide investors with as much information as possible, and to protect the companies furnishing the information, the Act was passed.

In their presentations, at the start of conference calls, and in certain documents filed with the SEC, IDCC always has a forward-lookings statement disclaimer. Most persons, never pay any attention to these statements, but they help define what is being said. For example here is the forward-looking statement that covered the the 3rd qtr 08 Earnings release. As I stated similar statement s are part of the presentations. As you can see they give many reasons why forward-looking statements are just possibilities that may or may not be realized, dependent on future happenings.


This press release contains forward-looking statements regarding our current beliefs, plans, and expectations with respect to: (i) the continued growth of our patent licensing program; (ii) the outcome of the USITC actions against Samsung and Nokia; (iii) fourth quarter 2008 revenue guidance; and (iv) the strategic direction of the company’s SlimChip product business. Words such as “continue to,” “will,” “bodes,” “may,” “could,” “expect,” or similar expressions are intended to identify such forward-looking statements.
Forward-looking statements are subject to risks and uncertainties. Actual outcomes could differ materially from those expressed in or anticipated by such forward-looking statements due to a variety of factors including, but not limited to, those identified in this press release as well as the following: (i) unanticipated delays, difficulties or acceleration in the execution of patent license agreements; (ii) our ability to leverage our strategic relationships and secure new patent licensing and technology solutions agreements on acceptable terms; (iii) unanticipated delays or difficulties in our technology development efforts, testing and evaluations, and our reliance upon third parties for infrastructure equipment; (iv) changes in the market share and sales performance of our primary licensees, delays in product shipments of our licensees and timely receipt and final reviews of quarterly royalty reports from our licensees and related matters; (v) unanticipated product development expenses and other unanticipated operational costs and the timing of such expenses and costs; (vi) changes in technology preferences, needs, availability, pricing and features of competitive technologies and product offerings; (vii) the resolution of current legal proceedings, including any awards or judgments relating to such proceedings, additional legal proceedings, changes in the schedules or costs associated with legal proceedings or adverse rulings in such legal proceedings; and (viii) changes in our expectations for the amount and composition of full-year taxable income, changes in the amounts of our 2008 U.S. federal research and experimental credit and foreign tax credits, changes in foreign and domestic tax laws or treatises, or changes in our tax planning strategies. We undertake no duty to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by applicable law, regulation or other competent legal authority.
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