InterDigital Inc (IDCC)

[loophole73]

Revlis

Nok failed to negotiate when they invoked the dispute resolution process regarding rate setting in March, 2003. Their spokesperson later stated that they could not negotiate because IDCC was asking too much. Thus, it appears that Nok stonewalled the process until the time expired for negotiations, filed for arbitration and then set out on a plan of action using the court system to stay the proceedings to reopen the Ericy case as a party to reinstate the Sander's rulings and whatever else they could get accomplished. They additionally filed patent challenges on the remaining 4 claims in the UK. Certainly nothing happened to Nok for failing to meet and negotiate during this era. I believe IDCC knows that Nok will not come to the table despite their Eddie Haskell look alike press statements made recently.

This painting the picture that IDCC has refused to negotiate all along is pure hogwash, but it has not stopped Nok in their attempted artistry. Nok now has a problem because the canvas clearly exposes the artist rather than the object. It turns out that Nok has been the stonewaller and the litigator rather than the object, IDCC. Nok ended up with a mirror instead of a canvas and their tactics can be clearly exposed to jury if need be. In fact, if Nok does not dismiss its Lanham action, IDCC can answer and cross act in a defensive posture to the litigious nature of Nok. Nok cannot scream "see, we told you IDCC would file a suit" when Nok threw the first punch (filing) anyway.

Rev, the momentum and the alleged facts have turned on Nok and they are finding out the truth hurts. It is Nok that has lost its leverage, not IDCC. The sooner the analysts and the street realize this, the better off the IDCC investors will be. IDCC has a boot on the Nok neck and it should not let them loose until they are satisfied they have an immediately enforceable document.

MO
loop