Friday, September 24, 2004 8:15:23 AM
Jimlur: re: Malko's post...I believe he was stating that NOK can run but not hide. IDCC is surrounding the NOK fortress everytime they sign a new licensee, especially large OEMs.
If Sony/Ericy does not count for NOK, then who does? Logically the arbitration panel will state to NOK "OKAY, if Sony/Ericy and Ericy are no longer triggers, then who is???"
If one trigger fell out of the qualifications then they have to put another company in the trigger category. In other words, NOK can't say that all the triggers don't exist any more, hence there is no trigger. Let's assume that the other triggers were Lucent and Motorola. If Lucent got bought by Cisco and Motorola somehow got swallowed up by SBC, then all the triggers would be gone. The logical conclusion is to replace the original trigger companies with others that currently qualified based on certain categories(which would be in the spirit of the original 99 contract).
Malko's point is that the IDCC/Toshiba agreement gives NOK less wiggle room in their argument. NOK has to have criteria to base the argument on why Sony/Ericy is not the trigger...so if Sony/Ericy does not qualify in NOKs mind based on certain criteria, then perhaps Toshiba does, or NEC does, or Sanyo does.
If Sony/Ericy does not count for NOK, then who does? Logically the arbitration panel will state to NOK "OKAY, if Sony/Ericy and Ericy are no longer triggers, then who is???"
If one trigger fell out of the qualifications then they have to put another company in the trigger category. In other words, NOK can't say that all the triggers don't exist any more, hence there is no trigger. Let's assume that the other triggers were Lucent and Motorola. If Lucent got bought by Cisco and Motorola somehow got swallowed up by SBC, then all the triggers would be gone. The logical conclusion is to replace the original trigger companies with others that currently qualified based on certain categories(which would be in the spirit of the original 99 contract).
Malko's point is that the IDCC/Toshiba agreement gives NOK less wiggle room in their argument. NOK has to have criteria to base the argument on why Sony/Ericy is not the trigger...so if Sony/Ericy does not qualify in NOKs mind based on certain criteria, then perhaps Toshiba does, or NEC does, or Sanyo does.
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