Hmmm, looks like I need to start practicing to addressing you as Great Grand Nicmar.
Of all the uses for the word growth in life, family growth is by far the most rewarding. Enjoy.
Don’t read any other board, but in regarding chest pounding, I would guess human nature intermixed with a feeling good bias, about a chance at the potential here, for some maybe even life changing potential, I also think there is a little false courage intermixed as well. That would be normal too. I would think to many that haven’t been here before.
You mentioned slam dunk and track records. Well a slam dunk it’s not, at least that vision can not be gained from this board, a 3 person board deciding on a presentation that we did not hear. I do think a person can read a little from the actions, but know, not know. However I don’t think the track record should be factored either. i.e. I don’t believe the 3 person panel will factor it.
The Nec issue is the closest to this and that was resolved by settlement.
You asked what some believe. Let me tell you what I believe, not to be confused with has to be fact, just my thoughts. Nokia started this way back in 99 and clearly signed a 2 stage contract . They paid the upfront{ settled} for previous I/P usage as you know in 99. Kept right on using the I/P during the free period which went up to 2002. During this period we had the development phase. This can be viewed depending on thoughts as a direct tie to the 99 contract, a factored delayed add on, or a real need by Nokia. In fact a person could blend some other twists within this, but, the point is Nokia once again did pay. I myself favor on need, based mainly on the 17 mil extension. However this also came in around the same time as the rewrite and the Tdd for free awareness that we learned of after the fact. From here {2002} the contract kicked in, started to accumulate on what is owed , however we didn’t have a rate to base and we needed a trigger to start collecting. Ok, fine, 2 weeks before trial on the Ericy issue, we settle. Back dated to March, and then revised to Jan. Great we have a trigger. Rates can be set. And unless they had a specific wording in the original contract with the 4 companies mentioned that broke out infrastructure only concerning 2g, Nokia has to pay full boat. HG at the time thought full boat and came right out and stated it. I did not read any confusion in his words. This is where everything went legal. And also where Nokia made it’s first offer to settle. {unknown amount}.
A lot has happened since that time, almost all in the legal arena.
From that point we hear all kinds of things, Stuff like Ericy agreement doesn’t properly define the trigger , that even if it did the arb board can’t set the rate anyway and even if they thought they could , per Nokia they can not award any money damages. Really , I guess it’s just a waste of time for the arb board, then, huh, { do they really expect anybody to believe this} btw only Nokia has stated this, even though Nokia’s been running around the courts like mad puppies for almost a year now. { poker face I think not}. Then they play another card and say well wait a minute, the patents aren’t even valid, and there is no infringement, what do you mean ! You know the ones they paid for back in 99, nope there not valid. Of course they soon afterward withdrew this. { apparently they are valid, but, not worth paying for, just using. No,now the current position is, wait lets quote this “ maintains that the validity and infringement of those patents is a factor the arbitration panel should consider in arbitration”. water it down anywhere you can I guess.
Really, the board should consider it, why? I mean if the trigger is no good, right, not defined, the arb board can not set the rates if I was, and can’t award any money damages regardless, why should they even consider the patents that they now realize are valid ? Oh and btw did I mention they offered a settlement. They have been back pedaling for some time now.
Ok so, now that we have a complete smoke screen to the point they can’t even see what they are doing. They say lets go in multi direction mode and see if we can find a weakness, and they certainly have, them, ok so lets muddy the waters a little more. Let’s pump up the 3g angle, LETS BRING A LAWSUIT FOR NO INFRINGEMENT FOR 2007 AND BEYOND, you know just being proactive here, right? Think about that. Think of the reasoning that would had to be done. Bring that reasoning to your CEO. Have him sign off on it. Worried, not them, full panic maybe, but no worries here.
You know Nic, I don’t really know what’s going to happen here, but there is no way in hell I will be selling until I find out. The contract is real. The I/p is real, Nokia is using it, have been straight threw since before 99. 3 people have already decided what should happen. The 3, I here are well versed in the in’s and out’s of this sector. If so the best smoke and mirror show will not stop them from getting the correct decision. This is not a court of law, it's an arb board. 3 smart people. 2 mo to get it right, 2 more to have the ICC proof it.
I’m willing to wait. Anyway just an opinion
A few other points to your post. Taking some /all of your profits, why not? Only you can decided the smart play on that, you have to enjoy your rewards too.
Nic, I appreciate your kind words, thank you, but I also feel something can be taken from either side of the fence. Don’t sell yourself short, I never will.
You take care as well my friend,
PS do you remember back in the day the hamster dance, got a new version by the blue man group waiting in the wings.
Here’s hoping
