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Monday, November 23, 2009 11:57:36 PM
If I can inject something?
If only it were some intelligence (sigh)
This will be my only reply to avoid clogging the board. I will answer each of your theories, and you will no doubt reply by repeating positve facts, hopes and dreams about IDCC that ignore any of the specific counterpoints made. It's easy to go to your stump speech and ignore things that don't fit in with your world view.
If you was Kyocera and you was trying to get the best deal possible would you really wait for a ruling that might make you have to pay a lot higher rate?
Absolutely, if I felt that I could get a lower rate with a favorable ruling and I thought there was a reasonable chance it occuring.
If however you was in negotiations and had agreed on basically a rate, but it might take many months to get both sides to read all the what if's and but's and soforth's that are in these contracts and then each side make what they think is corrections, and then after months of getting the language straight then sign the agreement.
They already had a contract worked out that has lapsed. IMO the new contract could be reviewed and approved in a matter of days. I would be surprised and very disappointed with the management of both companies if they did not have the contract ready to go with only the financial details to be worked out. It is just common sense.
Do you think the fact that the judge ruled valid and enforceable would not mean a heck of alot to Kyocera? Does the fact that IDCC has so many more patents and that Kyocera has many more products not make the process take a lot longer. I just seen on t.v. Sony showing off their lap top and netbook. The netbook he said sold for $499.00 and the laptop for $1300 and IDCC has proclaimed they should be getting paid for these items also if I am not mistaken. So the ability to finalize the new agreement with thousands more patents I doubt is something that happens in a matter of even a few months.
I believe that the manufacturers know that IDCC has valid patents and that they need to license. They sign convenience licenses that give them the rights to use all of IDCC's portolio. They understand that IDCC is continuing to produce more patents, as are other inventors. IMO, more important in coming to a rate than any recent patents are recent contract negotiations. If additional patents were cause for delaying negotiations, they would never sign anyone.
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