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loophole73

06/11/06 10:48 AM

#158289 RE: ziploc_1 #158285

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MFL clauses are not the problem. All licensors must expect these clauses because it is malpractice for an attorney not to demand their inclusions when representing a licensee. OEM's depend and compete on the basis of margin and they must insure that their competitors do not receive a financial advantage when paying royalties for standards compliant products.

I do expect that IDCC has learned its lesson on contingency clauses, but in fairness to Goldberg and Merritt, the Nok agreement was formed in the survival era.

MO
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