Replies to post #69691 on InterDigital Inc (IDCC)

[Learning2vest]

Pretty sure it would be a mistake to assume that signing a license for IPR usage is anywhere close to being a top priority issue for any of the wireless manufacturing CEO's. It's a big deal for us, but IMO it's way down the list for those guys. Bet it's not even a "hot" item in the legal depts at most of the big firms that we are hoping to see get signed before next Monday.

That said, if I was one of those execs I would use the current situation to cut my best deal with InterDigital(that is if I happened to get time to see the opportunity in perspective). I would get InterDigital to include a provision that allowed me to get any benefit that Nokia managed to haggle for, and sign the deal now.

Of course, that's what I would do based on the little bit I know sitting out here in the woods. Those CEO's have to consider a whole lot more than I do, and IMO some of those "other considerations" may be what's holding them back, i.e., I always found it amazing to see how much importance top execs placed on maintaining good "political" relationships with their peers at other firms.

Back when I was selling high ticket goods to firms I learned that "step one" was using facts to win approval with the staff, while "step two" was figuring out how to win top management's approval using fuzzy stuff like politics and social positioning. Getting the order(i.e., "step three") only happened when the results of step one got you into play for step two, where you had to switch gears completely and earn a nod of approval back to a sponsor from step one, who then wrote the order you wanted. (If you follow that, you just earned a phd from "L2v U" in selling to the Fortune 500, i.e., a "Piled Higher & Deeper" degree in BS. LOL!) Even the "right things" take awhile to happen in the windy towers of most big firms.

[davids]

MO: I don't see how IDCC could "cave" at this point. The ERICY rate is on the table. If IDCC signs a deal at a lower rate, then they are lowering the NOK and SAM rates via MFL, and making the arbitration a mute point (ie. what difference does it make whether or not ERICY is the trigger, if ERICY wouldn't be setting the rate anyways). On the other hand, it would be difficult for IDCC to sign up a major player for a rate higher than ERICY is paying as well. Therefore, the ERICY rate is about the only rate IDCC can license for pending the arbitration decision IMO.
Davids

If you were negotiating with IDCC at this juncture, and you knew that IDCC had NOK arbitration decision looming....would you negotiate in good faith, or would attempt play hardball and see if IDCC would cave.

Quite a roll of the dice, especially if IDCC walks away from a company playing hardball, and then IDCC gets a good arbitration decision or favorable settlement.