InterDigital Inc (IDCC)

[whizzeresq]

Corp_Buyer--You could be correct that one of Nokia's grounds is that the arbitration tribunal should have awaited the results of the patent challenge in the UK. In fact, I recall that the UK judge suggested that the parties seek a stay of the arbitration. However, given the nature of IDCC's agreement with Nokia, the arbitration tribunal could have very well determined that any invalidation of some of IDCC's patents in the UK would not effect the rates under the overall IDCC/Nokia license agreement. That type of decision would be within the powers of the arbitral tribunal to make and I do not think that would provide the basis to stay or vacate the award under the provisions of the New York Convention applicable to international arbitration awards.

Nokia may also ask to stay the award on the grounds that the award is not yet ripe for judgment because Nokia and IDCC have not agreed on the actual sales to which the rates should be applied. Nokia may claim that any dispute over those figures should be resolved by another arbitration so that the current award should not yet be enforced. IMHO