ahhh, and there in lies the problem,
Carpenter stated last year that it is harder to collect royalties after the fact then before. I agree with this sentiment. When Nokia gets done I beleive IDCC will have to forgive substantial amounts of 2002, 2003 and 2004 revenues in order to put this behind them. Same with Samsung. Waiting for the very best deal can be counter productive.
by forgiving past due monies, you set a precedent on what you will take. on one hand you get a license(s), on the other hand you will get many others saying to themselves, "hhmmm, well so and so just waited and waited and didn't have to pay any back royalties. i will just wait a couple of more years and they will forgive my back royalties too (2g, 2.5g or 3g)." you then get a snowball effect of everybody "waiting" to see how long they can get away without paying.
then you will respond, take them to court!!! sue, sue!!! imo, needs to be last resort. if you go out and sue everyone right away, then you will have to wait even longer to get your due, tie up your ipr in court and if you haven't noticed, the big boys could care less if you sue them or not. they have rooms full of money and $500 p/h lawyers on retainer for just such occasions. imo, they are just chomping at the bit for a lawsuit to come through, just think, they won't have to pay any royalties while the suit is in progress and they may get "past due amounts" forgiven still in the end, 2 to 3 years down the line.
imo, what you have here is a big "mexican standoff". we will just have to see who blinks first.
idcc imo, is in the biggest "catch 22" scenario you can imagine, my bet, they need to stick to their guns on past due monies. imo, they have offered everyone the same deal as ericy, not idcc's fault they haven't accepted and are still racking up past due amounts.
gman
long idcc, ericy
no position nok
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