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amrwonderful

07/22/04 11:40 AM

#75776 RE: Dave Davis #75775

Dave Davis: If the court wasn't involved, what difference does it make?? If IDCC/Ericy settled a dispute and signed a licensing agreement, why does the court care. It was the nature of the contract that NOK signed...they were to be affected by some other major company signing with IDCC.

If there was never a dispute, and IDCC and Ericy signed a 2G licensing deal, if would have affected NOK also, but it wouldn't give NOK the right to look at everything.
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jaykayjones

07/22/04 11:49 AM

#75782 RE: Dave Davis #75775

Dave Davis; in a motion to the court around March 17, 2003, (settlement time) IDCC did state unequivocally that there were no lawsuits with any third parties that would be affected by the settlement.

From memory, they did not state that there were other agreements that could be affected by the settlement. Selective amnesia, perhaps.

If it's important for you to have more, I can retrieve the Pacer filing for the motion. JK
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hookrider

07/22/04 12:55 PM

#75796 RE: Dave Davis #75775

Sorry Dave, IMO you are the one missing the point. you said"Nokia understood that we were in litigation with Ericsson, and they were expecting to live with the outcome. That was understood."
If NOK "with the understanding that they would have no impact on any third party, only to subsequently find out that the terms of the settlement agreement were binding on Nokia, it makes her recent decision to approve their release understandable."

No matter how it went "good or Bad" (IDCC & ERICY settelment) for Nok the out come was going to have a "impact" on NOK. They said or rather there lawyer said in open court "they didn't expect ERICY to lose" So they knew they stood a chace of IDCC win. They bet on the wrong pony, thats it. Now they bitch. No way, pay the Bookie Jack.