InterDigital Inc (IDCC)

[parq]

laranger, re HRS

HRS wanted, approximately, .5% for their technology. Ericy, at the beginning of the trial thought that even this amount was too much. Ericy argued, toward the end of the trial, that under normal circumstances, even if they were found to infringe, $2.2 million would be reasonable.

during the trial HRS brought in licensing experts which testified that, under normal licensing conditions, HRS would have been able to command 1.75%, or $61 million. this amount was calculated based on a two year licensing period. so, $61 million is 1.75% of $3.48 billion in sales over two years.

the jury believed the expert witnesses.

after Ericy lost they protested to the Judge that $17 million would have been reasonable. they have entered exhibits which illustrate Motorola's licensing agreement with HRS which is less than the 1.75%. their second argument agaisnt the $61 million is that F&J's lead attorney "impassioned" the jury.

HRS has countered that smaller percentage payment from Motorola agreement was necessary due to (a) additional licensed technology from Motorola in order to fulfill Harris related purchase agreements for Govt. related contracts, and (b) Ericsson's deliberate and contentious acts to disrupt their licensing process*

*these acts include a report from Lastova which claimed that Ericsson did not infringe.