Replies to post #92832 on InterDigital Inc (IDCC)

[mschere]

This is from the IDCC/NEC 3G license..Since I do not have the benefit of access to the entire unedited IDCC/Nokia 1999 Master Contract..I can not comment from references..but can make assumptions..Perhaps you can explain why Nokia utilized 2007 in their current 3G litigation..since IMO:ALL their existing CONTINUATION Patent license agreements survive until the last patent expires? TIA

ARTICLE 5. TERM/TERMINATION

5.1. Term. The term of this 3G Agreement shall commence on the Effective Date and terminate upon expiration of the last-to-expire of the Licensed Patents, unless sooner terminated as provided herein.

(Earlier termination under conditions of these two sub clauses)

5.2. Termination for Default.
5.3. Adverse Actions.


Mschere--You said:
"If Nokia truly believed that they have the Legal ability to pay nothing to IDCC for 2G/3g ..they could have stopped the Arbitration proceedings from day 1, by merely exercising their right to cancelling their 1999 Master License Agreement ..by initiating an "ADVERSE Proceeding" against IDCC's Patent portfolio for 2002 to date.."

I do not believe that is correct in that the arbitrators would at least have been empowered to determine 2G license payments during phase 2 up until the time of termination. Also, I do not know that Nokia could merely terminate the 2G license at their convenience as I have not seen any excerpt from the IDCC/Nokia 2G license that would allow Nokia to terminate it.

Also, Nokia has challenged IDCC's 2G patents in the U.K. and by intervening in the IDCC/Ericy lawsuit and reinstating the adverse judgments, has challenged IDCC's 2g patents in the U.S.