InterDigital Inc (IDCC)

[redhot]

Corp/all-how odd is your Pacer language bolded below. If 'period 1' is our 'Phase 1', what analysis and relevant factors could apply , as 'Phase 1' was paid-up and seemingly of a fixed nature, with no contingencies?
What other 'Period 1' exists?
[From your link to post 90152:]
"9. … The Nokia license requires that in 'determining the applicable Royalty Rate separately for Period 1 and Period 2, the analysis shall take into account all relevant factors.'”
Also, re failed negotiations, i recall that a Nok lawyer referred to some, earlier 'offer' in remarks to Judge Lynn, without any further characterization. Anyhow, that fact of an offer[s] is SOP to prepare for later litigation, to demonstrate willingness to settle and the intransigence of the other party. The offer itself can be deliberately unworkable.