Ghors: Since the language of the contract was not made public, although other contracts have, as investors we have had to rely on the pronouncements of management. In view of this, if S/E is not considered to be a trigger and payments are not received, how soon will a class action lawsuit against management be instituted?
The "catch all clause" - are you aware of the "all relevant factors" clause in the Nok license?
The Nok license states in "determining the applicable Royalty Rate separately for Period 1 and Period 2, the analysis shall take into account all relevant factors", per cite here:
The "all relevant factors" clause is the "catch all clause" that Nok is relying on to argue e.g. (1) Nok has no need for IDCC's patents (especially after Ericy won the PSJs of non-infringement (reinstated by the Court), (2) Nok does not use IDCC patents, (3) all the Ericy payments to IDCC were to settle the litigation, not because Ericy actually needs a license (and Ericy still denies infringing IDCC's patents even after the settlement and license), etc..
In addition to deciding the trigger in IDCC's favor, we need the arbitration panel to conclude that the Ericy and SE licenses are bona fide, valid, legitimate, fair, arms length license so that the royalty rates are equally applicable to Nok.
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