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Re: mack12 post# 7134

Tuesday, 02/04/2003 9:31:24 AM

Tuesday, February 04, 2003 9:31:24 AM

Post# of 432695
Mack12

You apparently do not read the board very carefully. There are many that have disagreed with me. Yes, I did say that 2002 would be the year for answers and as it turned out we discovered plenty. We found out that the Nok contract did in fact hurt the ability of IDCC to fullfill its recurring revenue goals in the short term with Samsung and any others who have MFL clauses. IDCC was unable to make its case that Nok was different because it included a developmental agreement along with the license. We also learned that "generally paid up" meant paid up as far as the arbitrators were concerned negating any hopes for a "look back" provision in the original contract. We also found out that IDCC lost the ability to pursue some of its claims regarding infringement in the Ericy case and was unable to win the case as a matter of law on the validity issues. We further learned the answer to the importance of Ericy with regard to remaining licensees and infringers.

I raised objections to the Nok contract long ago and I was slaughtered with accusations of being a short and a no good SOB. I did not like the Samsung arbitration ruling, but I was prepared for it just the same. The question now becomes is that decision going to have any adverse reactions down the road to regarding licensing for TDD. I hope not, but I am sure that the rest of wireless will not stand by quietly while Nok pays no royalty for usage of same. We have to be prepared for challenges and perhaps a cap of 58 mil dollars for royalty per manufacturer since that is what Nok has paid for the perpetual use of our TDD technology.

We did get answers in 2002 and they were not all that positive in light of our expectations. However, we have just now (2003) learned some significant facts regarding the past dealings of IDCC and the GSM consortium which I believe adds great strength to the IDCC side of the Ericy litigation. As you should know from 2002, a good result in Ericy will force them to license going forward or risk a cease and desist in the USA. As you should also know, a rate for 2g with Ericy means a rate with Samsung and Nok that have simultaneously been accruing since 1/1/2002. As a short you should certainly recognize that with that amount of money at stake, any announcement has the potential to halt trading and be very dangerous for a short position at 18.

Your learnings from this board are wrong. Many disagree with me and many disagree with Mickey, but all, except a short few, are for the ultimate increase in the share price of IDCC. Many read and digest the material and a short few just make wild unsupported posts for whatever enjoyment it provides to them at that moment. We learned that not all of the answers were provided in 2002 as I believed and that I am certainly not afraid to admit that I missed my timing. I believe you are sitting on a ticking time bomb and should you miss your timing, will you be man enough to admit same?

MO
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