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Tuesday, September 21, 2004 1:24:10 AM
I believe that the arbitration panel will have plenty on their plates for a decision that leaves no doubt at least through the year 2006. Any long term shareholder of IDCC cannot make conclusions based on the facts because of bias and prejudice. Further, we shareholders certainly do not have all of the facts.
We all tend to view Nok as a bad actor. However, 3 arbiters may view them differently altogether after all of the facts surrounding the joint development partnership and early licensing are presented in January, 2005. We are all viewing the MFL clause on a very narrow basis and the arbiters may view the clause more liberally after the numbers are presented in January, 2005. The handling of CDMA products is totally absent in the E and SNE documents which will still leave a few problems on the table after the arbitration.
All we can do is wait for the presentation of the evidence by both sides and the resulting decision by the panel. Setting high hopes of a complete win plus damages is very dangerous and somewhat unfair to IDCC. I am sure they now wish that they had gone to trial and ignored the percieved mandate since they have to go through the arbitration process and appeal the absurd rulings of Judge Lynn anyway. Hindsight is 20/20. I believe that management had decisions to make at that time and they opted to proceed in a fashion they believed was in the best interest of the company and the shareholders. The arbitration result will be the barometer of the success of 2g. Additional licensing will be the barometer of the success of 3g.
Management has told us they expect new licensees by year end and that the arbitration is proceeding as they anticipated. This is good enough for me right now. We should all be willing to give them time to produce the results of their labor. Criticism is pre-mature at this time and serves no purpose other than the resulting "food fights" which are getting harder and harder to read as the years go by.
MO
loop
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