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rmarchma

12/19/08 4:18 PM

#242156 RE: revlis #242154

Revlis re a deal structure

First there is a difference between a "deal" and a "deal structure". An actual deal is a legally binding agreement that both parties have agreed to. IMO a deal structure or a framework is a preliminary set of understandings which the parties have established as a guideline for a finalized deal.

I think a deal structure was established when Nokia offered a 3G agreement to IDCC. Although IDCC turned down the offer, due to an inadequate 3G royalty rate, the minimal structure remains in place. What is needed to finalize the deal structure into an actual deal is a 3G royalty rate that is agreeable to both parties.

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ed_ferrari

12/19/08 4:59 PM

#242160 RE: revlis #242154

Did he say it with a big smile? LOL
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whizzeresq

12/19/08 5:26 PM

#242164 RE: revlis #242154

Revlis--When you post a quote, you have to take into account the entire quote. Also, remember the speaker is not responsible for the punctuation. With regard to Merritt's comment:

"but generally when you have a passage or time between a particular deal structure, you are working on and now you have to revisit things, right"

It is just as easy to read it as "but generally when you have a passage of time between a particular deal structure you are working on, and now you have to revisit things, right"

It seems to me that all Merritt said was that Nokia and IDCC had been working on a deal structure at the time of the press release and time has passed so it is being revisited. It does not at all suggest that any deal structure had been agreed upon. Putting this in the context of the Batts snafu, it looks to me like IDCC and Nokia were probably on the verge of some sort of an agreement or structure and as a result of the Batt decision, the severance at the ITC, and the passage of time, it was probably put on hold. Now it is being revisited.

IMHO