Samsung Arbitration--For those concerned about the Samsung arbitration dragging on for months, it actually should be very quick. Remember, the ICC already issued a decision in December of 2002, that Samsung was entitled to the MFL provisions of the IDCC/Nokia Agreement. At the upcoming arbitration hearing, all IDCC will have to do is introduce that award, and the recent award in the IDCC/Nokia arbitration, and the rates for Samsung will be set. If the Samsung tribunal follows the same course as the Nokia tribunal, then it will issue its decision and then give Samsung a period of time to report sales and make payment to IDCC. It would not make sense for Samsung to even continue with this part of the arbitration with IDCC in light of the Nokia award. Since Nokia is paying interest on its award, Samsung will also be paying interest. In addition, Samsung would have to pay its legal fees.
The second part of the Samsung arbitration will involve Samsung's claim that Samsung is also entitled to the provisions of the Nokia 3G license with IDCC. If IDCC signs a 3G license with a trigger before the end of the Samsung arbitration, then IDCC might very well agree with Samsung's position, and Samsung could get stuck with a 3G bill as well.
With regard to the federal court action with Nokia, everyone should realize that the federal district court in which the action is pending is one of the most respected federal courts with regard to handling these type of cases. I very much doubt that the federal judge will fool around with this case and allow it to hang on for a long time. With the rates now set and the amounts known, Nokia has nothing to gain and only loses the discount and accrues further interest by delaying things. In fact, Nokia could get with paying IDCC's legal fees if it appears that its challenge is frivolous or brought in bad faith.
