Replies to post #238892 on InterDigital Inc (IDCC)

[revlis]

Count,

If they don't want to pay a fair rate, get an ITC decision.

I am sure the rate is in the binding term sheet. What IDCC is worried abut is that Samsung will hold up negotiations over a minor issue but IDCC has given Samsung 45 days to complete negotiations and sign a license agreement with IDCC in complete control.

mo

[infinite_q]

Count, I agree that if SAM chooses not to sign either of the contracts offered to them in the next 45 days then we should go for the ITC decision.

But I think it would be foolish for SAM to roll the dice in that way, given the fact they have already "blinked" and joined IDCC in the request for a stay of the schedule. Can you imagine how the ALJ would feel if SAM renegged at this stage? I think any FRAND or equitable estoppel arguments went out the window when SAM agreed to the binding terms sheet. Any attempt to use this as a delaying tactic will not be well received by the ALJ.

JMO

[gatticaa]

My goodness, what kind of masochist would want to enter into another lengthy legal process to enforce a contract

I never said i wanted lengthy, I said i wanted less risky. A loss at the ITC will get you lengthy in short order. There is no guarantee at the ITC. My non legal view, with binding arbitration you'd be fighting a DECISION against you, with the binding term sheet you'd be fighting something you AGREED to sign on to. Seems to me a big difference, even though there that same "binding" that isn't always as advertised, maybe in fact never.

[badgerkid]

Count, I believe that you're reading far too much into Janet's comments and give her comments too much credit for divulging information in what she has stated to you. I have had conversations with her as well, and her statements are perfectly vague. She will not divulge what type of enforcements exist in the contract and she certainly won't tell you what Interdigital would do if payments aren't made. She likely doesn't even know what action the company would take in such a situation.

Samsung has made an agreement and will pay. I believe it is a choice between lump sum and per unit, or some variation therein. They will be looking at what will be their cheapest option given their own projections, exchange rates, time value, taxes where applicable, etc.

Don't read too much into Janet's comments, thay're not as deep and as meaningful as you wish to credit them.

IMO