InterDigital Inc (IDCC)

[rmarchma]

Jkjones there is denial of sub rosa by Ericy in the 786 filing as follows:

..."Nokia's stated justification for such an extraordinary demand is its unfounded suspicion that the royalty amounts paid by Ericsson and Sony Ericsson to InterDigital relate not to the royalty rate and royalty base stated in their license agreements, but instead to a sub rosa agreement between the parties."

Unfounded means "not founded on truth or fact; baseless". By using the word unfounded, Ericy is directly denying that there is a sub rosa agreement IMO.

Also from the 786 filing:

..."Additionally, Ericsson and Sony Ericsson request that the Court order the following procedural protection: if the royalty reports from Ericsson and Sony Ericsson are to be produced in the Nokia/InterDigital arbitration, they must be produced in camera to a neutral third-party auditor who can testify in the arbitration as to whether the payments to Interdigital do, in fact, relate to the royalty rate and royalty base stated in their license agreements.

If there is a sub rosa agreement, and Ericy is paying a different royalty rate other than that specified in the license agreement, why ask for a mutually-acceptable neutral auditor to examine the royalty calculations and testify as to his/her findings before the arbitration panel? To me this is clear evidence of an indirect denial by Ericy of a sub rosa agreement. Think what it would do to Ericy from a legal standpoint if they do have an under-the-table sub rosa agreement with IDCC, whereby they pay a different royalty amount other than what is stated in the contract. If a sub rosa agreement was true, I think that Ericy would throw-out all stops in trying to keep their royalty payment calculations to IDCC secret and away from expert scrutiny.