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Saturday, May 21, 2005 9:03:08 PM
I know I am going to regret posting this but I will anyway. You said:
"I believe F&J and IDCC negligently BUNGLED the Ericy settlement by not very easily and clearly insulating it from the principles in Bancorp, which Nok and Judge Lynn used to reinstate the VERY ADVERSE PSJs against many of our MOST VALUABLE 2G patent claims (much to the surprise of IDCC and F&J, apparently)."
I don't agree at all with your assessment. I firmly believe that F&J and IDCC left the door open just a crack in order to let Nokia, and Nokia alone, see the documents. Had Nokia not seen the documents, how much longer would things have dragged on before we even had an arbitration hearing. And even if we did have the hearing, Nokia IMO would have been able to successfully argue that the panel was not privy to enough information to make a fully informed ruling and would have therefore been able to tie us up for years before any resolution to the arbitration. I believe any first year law student would have been able to make the settlement contingent upon the entire case sealed permanently. I believe it was part of IDCC and F&J's strategy to make certain that Nokia was able to get a glimpse. They will now have an opportunity to get it sealed permanently with the appeal IMO.
You also have to remember it was not just IDCC, but Ericy who was involved in the settlement. Don't you believe their attorney's and management want Nokia to have to fork over a half billion dollars? Ericy and Sony Ericy are at a competitive disadvantage until their major competitor must pay the same amount so they have a vested interest in Nokia having to pay also. I don't believe for a second all these people missed something that you are able to see so clearly with hindsight.
Obviously all of the above is just my opinion and I could be wrong. Nothing you say will change my belief. If I believed half of what you state about our incompetent inept management and lawyers, I would not still be invested a week before the arbitration decision is handed down. For that matter I wonder how you stay invested believing the way you appear to.
"I believe F&J and IDCC negligently BUNGLED the Ericy settlement by not very easily and clearly insulating it from the principles in Bancorp, which Nok and Judge Lynn used to reinstate the VERY ADVERSE PSJs against many of our MOST VALUABLE 2G patent claims (much to the surprise of IDCC and F&J, apparently)."
I don't agree at all with your assessment. I firmly believe that F&J and IDCC left the door open just a crack in order to let Nokia, and Nokia alone, see the documents. Had Nokia not seen the documents, how much longer would things have dragged on before we even had an arbitration hearing. And even if we did have the hearing, Nokia IMO would have been able to successfully argue that the panel was not privy to enough information to make a fully informed ruling and would have therefore been able to tie us up for years before any resolution to the arbitration. I believe any first year law student would have been able to make the settlement contingent upon the entire case sealed permanently. I believe it was part of IDCC and F&J's strategy to make certain that Nokia was able to get a glimpse. They will now have an opportunity to get it sealed permanently with the appeal IMO.
You also have to remember it was not just IDCC, but Ericy who was involved in the settlement. Don't you believe their attorney's and management want Nokia to have to fork over a half billion dollars? Ericy and Sony Ericy are at a competitive disadvantage until their major competitor must pay the same amount so they have a vested interest in Nokia having to pay also. I don't believe for a second all these people missed something that you are able to see so clearly with hindsight.
Obviously all of the above is just my opinion and I could be wrong. Nothing you say will change my belief. If I believed half of what you state about our incompetent inept management and lawyers, I would not still be invested a week before the arbitration decision is handed down. For that matter I wonder how you stay invested believing the way you appear to.
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