Jim:
Just to play devil’s advocate, from Jorma's point of view...
If I’m Nokia why would I settle with Interdigital? What is the upside? I never intended to pay anything anyway, ethics aren’t an issue, and I’m personally angry that I got caught in their contractual web. I’ve announced to the world I’m attempting to cap royalties and set the tone for any negotiations on any future IPR claims; I won’t agree with anything that isn’t in the realm of what I deem is reasonable (i.e. very little). My war chest is brimming, and I’ll fight you on every legal front for as long as it takes to wreck your little firm. If I’ve discovered that Ericcson may have a contingent 3G contract with IDCC (including rate), the worst I could do is get the same rate, thus competitively I’m not at a disadvantage. Any discount that was lost was easily made up by the sinking dollar, and I’ll continue to use public relations to denounce companies such as IDCC as roadblocks to economic success. Besides, if the arbitration amount is announced, and I’ve now decided to make a comprehensive agreement, then I know that IDCC will still gladly come up with a plan to satisfy me (i.e. engineering agreement, partial stake in the co., etc.). Therefore, is there a rush to settle? Why should I not wait, then possibly contest the findings, and continue on with the legal fronts, elongating this process for years? The longer I wait, perhaps I'll settle for pennies on the dollar...
In the long run, this may be a foolish corporate strategy, but in the mid-term the worst they’re likely to do is state that they have the arbitration amount covered, that it won’t affect the stock price, and this decision is why “taxing” entities such as IDCC are bad for business.
Your thoughts? I’d also appreciate anybody else’s point of view taking a look from Nokia’s perspective, not ours.
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I’m still predicting an 11th hour settlement myself. HG and Rip's removal & timing can't be a coincidence and are likely tied to pending negotiations, somehow.
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Btw – Glad you made it through your heart attack, and regret hearing about that tacky comment. Here’s hoping that if we’re all able to make a significant amount of money, that some of it goes to good causes of your choice. Take care.
AI
