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Re: loophole73 post# 7150

Tuesday, 02/04/2003 5:23:31 PM

Tuesday, February 04, 2003 5:23:31 PM

Post# of 432693
Loop, excellent post. My take on the disappointing result of the Samsung arbitration was that the 39 million dollar payoff from Nokia was not really for engineering work, nor for royalties but mostly consideration for IDCC not filing an infringement suit at the time. If the arbitrator has seen it that way, he might not have used the MFL clause against IDCC. As a lawyer, do you know whether IDCC could have structured the deal so as to make it plain that this was really to forestall a lawsuit more than to make NOK a licensee. Or do you perhaps not agree with my thinking on this? At any rate it was tough for IDCC, having told the world that NOK was a licensee to then have to convince the arbitrator that NOK was not a licensee.
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