InterDigital Inc (IDCC)

[Corp_Buyer]

Nok Motion to Vacate is mainly about handsets, Sony-Ericsson, and the SE trigger issue. Nok's main argument seems to be that since E did not sell "all" their handset assets to the JV, but only "some" or "most" of their handset assets, then SE cannot be a trigger. Incredibly, Nok focuses on the meaning of the word "the" as in "the assets" should be taken to mean "all the assets" in order for SE to possibly be interpreted as a trigger.

I am now even more comfortable that SE is a trigger and that the JV trigger issue is truly one of contract interpretation which is well within the purview of the arbitrators to decide.

Of course, Nok also argues that IDCC and E improperly manipulated the period 1 and 2 payments to the disadvantage of Nok and that the interest charges and lack of prepayment discount on the past due amounts are punitive to Nok.

MO,
Corp_Buyer