InterDigital Inc (IDCC)

[Corp_Buyer]

Nok certainly has the obligation under the PLA to properly report and pay past due royalties to IDCC. Accordingly, the declaration by the tribunal for past due relief, soon to be Court Order, simply makes Nok's current obligations enforceable, Nok's obligation having been interpreted by the tribunal and declaratory relief provided.

I do not think that the declaration by the tribunal and the resulting order by the Court do anything but add needed enforcement teeth to what is already in the contract. IMO, there is no need for another arbitration to require Nok to abide by the terms already agreed in the PLA and interpreted by the tribunal.

For the court to see it Nok's way and modify the Award to remove the declaratory relief for the past due amounts results in circular logic it seems to me. I see no reason why the declaratory relief should be replaced by 2 or more arbitrations that finally distill down to a purely monetary award in the end. What say Nok about the declaratory relief for FUTURE amounts owed? If declaratory relief can apply to the Future amounts, then surely declaratory relief can apply to the past due amounts as well, right?

I really do not expect the Court to have any problem confirming the Award in its entirety, including an Order for Nok to properly report and pay past due amounts, both past and future due amounts, now that the rates have been established.

MO,
Corp_Buyer