Memphis: Regarding damages: There is the possibility of the arbitration panel assessing interest and penalty charges on top of the "amount owed". I would not count on this though, especially when you consider in terms of "treble" damages...because NOK has not infringed IDCC patents because they signed a contract with IDCC.
I would expect that if this reaches a decision by the arbitration panel that the safest expectation is 50/50, 60/40, 40/60 type decision of the total amount IDCC has claimed that NOK owes.
memphis: The difference beween the Ericsson case and the Nokia arbitration in regard to the award of triple damages is that Ericsson was a patent infringement lawsuit where the law specifically allows up to triple damages to be awarded for willful patent infringement. However, in regard to arbitration, the issue of awarding punitive damages is not as clear.
Memphis re possibility of treble damages from Nokia
An excerpt from a conversation that I had with Janet in September as follows:
Jimlur re arbitration damages. Talked with Janet Point about this issue and several other issues late yesterday/Friday afternoon. I asked if the arbitration panel could consider awarding damages in addition to and beyond the disputed contractual amounts. Janet said that YES the arbitration panel can go beyond the literal contract itself and possibly award something for “damages”. A party could ask the arbitration panel for additional funds beyond the contract due to the “misbehavior” of the other party or other reasons. However, Janet did say that any additional arbitration-awarded damages would NOT be comparable to or nearly as much as court-awarded damages, such as treble damages or large punitive damages.
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