Replies to post #95370 on InterDigital Inc (IDCC)

[olddog967]

Corp-Buyer: You refer to an "all relevant factors" clause as if it were a separate clause in the contract. However, from your quote they are just three words included in a clause relating to the determination of royalty rates. Without seeing the entire contract, and the rest of the clause which contains those words, it is very easy to take the meaning of the words out of their actual context. In fact it is quite possible that the contract might give example of what can be considered as other "relevant factors"

[redhot]

Corp/all-how odd is your Pacer language bolded below. If 'period 1' is our 'Phase 1', what analysis and relevant factors could apply , as 'Phase 1' was paid-up and seemingly of a fixed nature, with no contingencies?
What other 'Period 1' exists?
[From your link to post 90152:]
"9. … The Nokia license requires that in 'determining the applicable Royalty Rate separately for Period 1 and Period 2, the analysis shall take into account all relevant factors.'”
Also, re failed negotiations, i recall that a Nok lawyer referred to some, earlier 'offer' in remarks to Judge Lynn, without any further characterization. Anyhow, that fact of an offer[s] is SOP to prepare for later litigation, to demonstrate willingness to settle and the intransigence of the other party. The offer itself can be deliberately unworkable.

[loophole73]

Corp_buyer

Without knowing the real reasons for where IDCC and Nok are today, I do not know how you can find any error until the final award or settlement is announced. I concur with xdx that IDCC is finally taking this matter all the way unless they obtain a settlement that confirms their previous claims made. Management has been more aggressive in their approach with Nok and Samsung than ever before. They have gone out on a public limb for the company and the shareholders. A review of their course of dealings in this matter clearly reveals a very high level of confidence from the inception to the present. Passing judgment without giving management a chance to complete its mission is simply not acceptable. In my opinion, management has committed to its initial claims and is willing to see the matter to a conclusion. If you do not believe they can produce the advertised results, then you must do whatever you can to protect your investment during the waiting period. You are not building any credibility by criticizing the coach and players before the game is over.

MO
loop