Yes, and the totality of the circumstances will show that Nok sold 1.15 billion phones and Samsung sold less than 400 million phones for the period in question. Nok paid 253 million and I believe IDCC will allocate 100 million (which is probably still too high under an MFL clause) to 2g in order to report a more accurate picture. IDCC had a confirmed final arbitration award with Nok on appeal when it settled without even having the sales reports before them. Further, IDCC agreed to drop the arbitration over the sales reports and never seek them again.
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