Saturday, July 16, 2005 11:44:41 AM
I do think the ERICY settlement was the best move for us. We lost ERICY in court IDCC would have been ruined. Even though we probably would have won after the MOT debacle I'm not sure I would have taken that chance, and I think we got a pretty good rate out of ERICY. The big news was it triggered NOK and SAM rates. Also I know yesterday a poster talked with Janet who supposedly said that we are going to leave the talking to the courts. If that is IDCC"s policy were in trouble. NOK has totally beat us up in the press and we deserve everything if we don't counter. There have been ample press releases with NOK PR stating they might not even pay the award and contest it. They lose in binding aribtration and there giving IDCC the middle finger in the press. No repsonse from IDCC!!?? on this. They couldn't say listen NOK reqeusted the aribtration, they lost, even though one arbitrator had a dissenting opinion a majoritry of decision are 2-1 and the neutral aribtrator agreed with us. Also the odds of overturning this decision is slim to none and we will prosecute NOK to the fullest extent. We won they lost." obviously i'm paraphrasing but no response is puzzling. Check out TASR's press releases, I remember a few months ago they had a release everyday to counter all those articles and newstory about their products. Thats what I want to see from us. It surely can't hurt. Also it looks like the roles are reversed. Were the small upstart company, we should be the ones throwing haymakers and bold claim, just like companies do to Microsoft and Cisco. Instead its NOK who is doing this with their recent PR blitz. We act like were the 800 lb gorilla of wireless, were not. The only wild card is if NOK decides not to file the suit, which I really hope they do. They file on Aug 1 and were looking at probably not getting paid until 2006. You know the good sign of a poker player, when they beat you when they don't have the best cards. NOK did that to us in this arbitration, plain and simple. I really think WM will cut deals, he knows we can't keep this up. The problem is we don't know what other companies are saying is fair and reasonable. Back in 03 if NOK offered .35% rate would HG have thats' crazy we'll see you in court? we don't know. We all know that there will close to a billion 3G products sold in the next few years. IDCC can make a lot of money by only getting .5% rate out of the big players. Now if ERICY is saying we will only pay you .1-.2% rate than I think WM is completely justified to take them to court. But if they settled on 2G for a .75% rate and were strong in 3G than 2G than it wouldn't make too much sense for them to say those rates. If ERICY and the other companies think .5-.75% is too high than we are left with no choice but from all the legal actions IDCC has taken over the years we have never gotten what we expected and I would rather lower our rates than go to court. Even if we have to go lower, we just need to get these guys signed up. It may sound like a broken record but any 3g lawsuit initiated now we'll at least take 2 years, and more like 3. Lump sum payments don't do us that much good, just pads our balance sheet. Like I said I am anxiously awaiting the 3rd Q CC, after I hear that I will re-evaluate. Life will be easier if NOK will pay.
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