Saturday, May 21, 2005 2:23:53 PM
dd
One must have the technology under license to invoke a MFL clause regarding financial disadvantage over rates for said technology given to a competitor (kind of like FIFO in your area). This is why I am not concerned if IDCC gives Nok a good 3g rate because our existing licensees did not have 3g technology under license at the time Nok licensed same. This is another plus because if Nok carries out its threatened non renewal of 3g in the Delaware action, they can lose their MFL rights with respect to all who have licensed prior to entering into a license sometime after 12/31/2006 should IDCC prevail in the litigation. The triggers would have expired and disappeared with the old PLA and they have to negotiate straight up regarding a rate. Nok may be big and bad, but they have some tough decisions to make.
MO
loop
One must have the technology under license to invoke a MFL clause regarding financial disadvantage over rates for said technology given to a competitor (kind of like FIFO in your area). This is why I am not concerned if IDCC gives Nok a good 3g rate because our existing licensees did not have 3g technology under license at the time Nok licensed same. This is another plus because if Nok carries out its threatened non renewal of 3g in the Delaware action, they can lose their MFL rights with respect to all who have licensed prior to entering into a license sometime after 12/31/2006 should IDCC prevail in the litigation. The triggers would have expired and disappeared with the old PLA and they have to negotiate straight up regarding a rate. Nok may be big and bad, but they have some tough decisions to make.
MO
loop
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