InterDigital Inc (IDCC)

[spencer]

There will be no injunction, according to whizzeresque:


Posted by: whizzeresq
In reply to: JimLur who wrote msg# 116887
Date:7/5/2005 12:24:07 PM
Post #of 120959

Jim_Lur--I already checked PACER, hoping that the arbitration award, which must be attached to a Motion to Enforce an Award, would be public. However, PACER indicates that confidential documents were filed, which, I assume, would include the arbitration award. There will be no motion filed for any INJUNCTION or cease and desist order as there would be no basis to do so in this type of a contract case. There are still certain steps to follow. Nokia must provide IDCC with its sales figures to apply the rate to and then a check. Only if Nokia were to refuse to do so, would Nokia be in breach, assuming the federal district court enforces the award. And, even then, no INJUNCTION would issue. IDCC would then proceed to the ICC, at which point the ICC could award contract damages, and, perhaps attorneys fees, depending on whether the IDCC/Nokia contract provides for such.