InterDigital Inc (IDCC)

[redhot]

Loop-So Nok had no valid cause to intervene; neither the draft-notice-to Nok-instead-of-actual-Order argument, nor mistaken sealing of Final SM, nor settlement dependency on pre-vacatur/post-vacatur convinces me that Nok is justified to diligently observe matters and stay silent for many months about affairs they then claim impinged on their rights.
IDCC believed Nok freely and knowlingly chose to allow Ericy to determine Nok' royalty obligations. That choice allowed Nok, thru Ericy, time to arrange for IDCC to be squashed into submission or insolvency or become simply irrelevent in the scheme of things.
There is more. Much more than we know, but enough to make sense out of all that has transpired.
It is not posible for Nok to assign their future obligations to the actions of a truly separate entity, namely their competitor Ericy. No way was Ericy entirely separated from Nok...at least the old Ericy of Hellstrom-Wallenberg-et al. Ericy and Nok had "understandings"; some joint plan with quid-pro-quo for Ericy to carry the fight in a court battle, with Nok to inherit the spoils. Perhaps Ericy changed their mind and saddled Nok with $100s of millions obligations?
Consider-How could Nok agree to just watch and risk Ericy one day losing in court at even a modest 1% royalty? Never mind 2%.
Nok must have had a contingency plan just in case Ericy faltered. Which is what happened.
Which is why I think Nok had wisely planned their own attack on IDCC patents with prior art, etc., without and in spite of any Ericy result.
That accounts for the open door to question IDCC IPR that was inserted into the Nok-IDCC contract. Nok reserved for itself the right to carry on the attack, newly, in the event Ericy' attack failed. Or if Ericy double-crossed at some future time.
Ask not why Nok consigned their fate to Ericy' whim? They wisely did not.
So now Jorma is fighting over a mere 0.5% royalty, with 0.1%off for good behavior.
Because he did not plan on Sony.
After the creation of SonyEricy, Jorma scrambled his lawyers to prevent SonyEricy setting his 3G rate. He had no "understandings" with SonyEricy.
And Jorma eating crow upon crow after assuring how Nok had IDCC under its thumb. Probably boasted as much to Wallenberg and other verybestpeople.