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Re: Learning2vest post# 122769

Wednesday, 08/10/2005 9:46:26 AM

Wednesday, August 10, 2005 9:46:26 AM

Post# of 432930
I think we will discover IDCC's litigation plan when they file their amended Pleadings in the Arbitral Award Action..But it appears that this is the action of a "FLEA" that has at Least One SIGNIFICANT 3G Competitors' license in their back pocket.. I image that Samsung is also perplexed as to their legal status..I do not see how Nokia has the KEYS to The Arbitral Federal Court Room, while they are in BREACH of a CONTRACT!


Based on what I can figure out the best strategy for IDCC is to enforce the contract for 2G now that they have a favorable award in hand. However, that game plan could change the day AFTER Nokia's 2G payments are in IDCC's bank account.

Once the 2G enforcement is completed, IMO the next step will depend on whether Nokia's 3G rates have been "triggered" under the current contract. If the 3G trigger has been pulled IDCC will have to decide whether to crank another ICC arb/enforcement procedure, or to terminate the contract and go bare knuckles for all the marbles in court.

I'm thinking there is a good chance that we are about to see some "bare knuckles" action in the 2G enforcement arena. Gonna be fun to see how the big bully responds when the "kid" he has been pushing around for years starts fighting back. Might be a good fight with the "kid" swinging an ICC arb ruling and having a federal judge to referee.









mschere

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