"the Tribunal has declared that E/SNE is in fact a trigger. Further, the Final Award by the ICC indicates that the Nok claims of collusion by IDCC and E/SNE were not valid. IMO, so long as the judge allows the Nok Delaware action to exist, E/SNE will not license with IDCC" - agree completely.
"If E/SNE are companies of integrity, I believe a dismissal of the Nok action by the judge coupled with the joint efforts presently being made with GD in the MUOS program should stimulate E/SNE to enter into a 3g license with IDCC." - I hope so, but I am having some difficulty seeing exactly why E/SE should sign for 3G?
If and when E/SE sign for 3G, they start paying immediately, while Nok does have to pay until they first arbitrate to fill in the blanks (i.e. rates), AND THEN Nok likely only has to pay 50% of the E/SE rate, AND THEN Nok will still not actually pay until perhaps confirmation in court or another arbitration, perhaps a few years after E/SE begins paying.
Conversely, if E/SE do not sign for 3G, then E/SE and Nok all pay NOTHING unless and until IDCC sues someone for infringement and wins? So, what will really compel E/SE to sign for 3G sooner, rather than later, and before their being forced by a court action?
Perhaps the LU litigation will change this dynamic? But, how compelling can the LU result be if it reflects only Tantivy's IPR, not IDCC's other IPR portfolio, and infrastructure, not handsets?
While I hope that the Arb. Award (verifying the E/SE triggers for Nok) and E/SE's "integrity" will result in a 3G license with E/SE soon, I wonder if the 50% rate cut for Nok relative to E/SE and the fact that Nok can delay payment for at least 2 years (and perhaps longer) after E/SE begins paying, AND Nok's apparent commitment to fight IDCC in court, for 2G, for 3G, in the US, in the UK, and perhaps elsewhere also, may actually undermine any 3G license with E/SE?
So it seems our hopes for a 3G E/SE license come down to the GD contract, LU litigation, DE 3G dismissal, and/or some other wild card (e.g. Mot 3G license, Nok 2G capitulation), so there will not be a need for further 3G infringement litigation by IDCC?
MO,
Corp_Buyer
