InterDigital Inc (IDCC)

[mschere]

While no one denies Nokia's legal right of APPEAL (and delay)..not one of the "Lay Attorney's" on this Board have access to the Unredacted IDCC Motion to Confirm the Arbitral Award , and how much Interest and Damages have been asked to be reduced to a Final Judgement. When the U.S.D.C. issues its FINAL Judgement, Nokia will be able to properly assess whether any further Legal delay is Rational.Even if Nokia believes that Interest and Moratory Damages running at some $40 Million per Year is rational, IDCC can still seek to enforce their Contract rights in a separate action by requesting a permanent injunction under 35 U.S.C.,#284 against CONTINUED INFRINGEMENT of Nokia's 2G sales.

Does anyone actually believe that the the Arbitral Panel set a DEADLINE for Nokia to REMIT..without providing for specific MORATORY DAMAGES for failure to comply?

"In 1999, InterDigital entered into the original agreement with Nokia in good faith," commented William J. Merritt, President and Chief Executive Officer of InterDigital. "Over the course of the past several years, InterDigital has systematically honored the agreement and when this dispute arose, we pursued resolution in a controlled manner with the sole objective of finding a sensible business outcome. Nokia has taken a different approach and has not complied with the terms of the Final Award, including missing the deadline set forth in the Final Award for payment of royalties for past sales. We are very confident that Nokia will fail in its efforts to have the Final Award vacated or modified and will pay the amounts due, either of their own accord or by court order

zip - While something like that "max delay" scenario is possible, I'm thinking Nokia is not going to want to risk having their big bad bully legal attack vs little IDCC still going on when/if they end up in court vs QCOM over 3G rates.

Seems like it would make more sense for Nokia to have a 3G license contract in place with IDCC(i.e., to use as a comparison vs QCOM's demands), than for Nokia to still be having nasty relations with BOTH firms at that point in time. Especially if they end up in a jury trial. Can you imagine hearing QCOM's lawyers tell the Nokia vs IDCC story to their jury while Nokia still has it's big ugly foot on our neck??.

Continued delay vs IDCC may bring consequences into play that Nokia does not want to risk. Higher 2G interest payments to IDCC is one thing, but failing to get a lower 3G rate from QCOM would be something else.