Replies to post #39424 on InterDigital Inc (IDCC)

[ziploc_1]

sjratty:

"The second argument COULD be very strong, depending on what the contract says. I understand that it lists ERICY as a trigger company, but one example of how that may not mean much is if the contract says the MFL clause is tied to the license of another major manufacturer, which CURRENTLY includes ERICY, etc..... Interestingly, this second issue does NOT require any docs from the IDCC/ERICY case to resolve"

Although the 1999 Nok-Idcc agreement did not refer exclusively to Ericy, it is clear that the determination of the Idcc-Ericy suit is what both parties had in mind primarily. It would seem most likely that Idcc would not allow a clause in the Nok agreement to nullify the affect of a win over Ericy if Ericy dropped out of the category of a major manufacturer.

[loophole73]

sjratty

I believe that the panel will address the threshhold question of Ericy and Ericy/Sony early in the proceedings. If they find that the licenses are sufficient to invoke option 3 under the Master Agreement, then they can entertain the complaints by Nok as to the rate setting in the respective licenses. If they find that the entities do not qualify as a trigger, then it is interesting as to whether they need to go any further since other named manufacturers exist in the Master Agreement.

MO
loop

[styx]

Thanks sjratty:

I now see how NOK may attempt to argue that the patents between IDCC/ERICY do not cover the patents of IDCC/NOK. Thus, why should NOK be bound by that agreement especially when there exist no trigger. I agree, that is a leap and not a strong argument although it's possible.

As for collusion, it's kinda like a conspiracy, "why are they colluding and how do you prove collusion?". That would be very difficult unless you have testimony which I doubt you'll get or you can somehow proved it happened by following the documents. Again, weak IMO.

As far the third agrument, I agree, that is probably the strongest although I would be much happier to just see NOK's whole argument and/or WITCH HUNT turn to MUSH!