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Re: loophole73 post# 108167

Saturday, 05/21/2005 2:02:11 PM

Saturday, May 21, 2005 2:02:11 PM

Post# of 435762
When Samsung first announced arbitration, I wondered whether the whole MFL clause would also apply to the 3g portion of the Nokia contract. I even asked Janet at one point and was told that it did not.

I was somewhat surprised recently to read that Samsung is now claiming that it does. I am not surprised that they are trying to get the same 3g contract though. Isn't it somewhat a requirement that when you invoke an MFL that you must get the whole agreement and not piecemeal? Otherwise, what would stop licensees from constantly invoking an MFL clause for portions of contracts without taking the entire contract into consideration?
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