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mickeybritt

12/20/08 8:23 AM

#242211 RE: rmarchma #242207

rmarchma

If IDCC said no agreement they would be 100% correct. I stated they agreed predicated on the Samsung rate, which not even IDCC knew what the final rate would be. So technically they have no deal. Can they have agreed to all other aspects of the contract but the final rate, sure they could, does that make a deal, no it doesn't. Could they agree on everything but the final rate, and have either a written or oral agreement that once a final rate with Samsung is known then we will have a deal. Is that a agreement, not in my opinon , it is a implied agreement, it is still to be then written into the agreement what rate and for what technology as I am sure because of the past working relationship with IDCC on TDD that also had to taken into consideration of the final rate or rates. Once that rate is written and everything else inserted and signed then its a agreement.

I do think signed implied agreements are probably as close as you can get to a deal and it not be a deal.

My opinion.

Mickey

Mickey