NOK's trigger clause is a very, very clever mechanism. The trigger clause ensured that (a) NOK could not be sued for infringement (since they had a license), (b) they may never have to pay (if there is no trigger event), and (c) if anyone would be sued for infringement, it would be one of their largest competitors (Ericy in this case). This clause was very, very clever IMO.
However, Nok miscalculated in betting that IDCC would not win or settle with Ericy. After 10 years of litigation and some MSJ rulings against IDCC, this seemed like a good bet to NOK up until the settlement actually occurred.
MO,
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