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I also believe the panel will find the trigger. However, I also believe that the damages awarded are equally important because IDCC was emphatic in its claims 2 years ago with respect to Nok and Samsung. If IDCC wants the Street and the OEM's to take them seriously, they have to produce the results this time. It was IDCC that stated the numbers in a PR and a CC. The numbers were not stated in a court pleading for posturing. They were profoundly stated in connection with a watershed event. Add to this the representations regarding filling in blanks and expertise in arbitration and you have publicly issued claims that are expected to be produced.
With respect to the 2g UK challenge, IDCC certainly agrees with you as evidenced by their failure to file any SEC filings related to same. I remain somewhat baffled by this development because the IPR challenge by the biggest OEM in the sector as a purported licensee meets my criteria of materiality. The defense of patent claims is extremely important under the business model of IDCC. The "G", the standard or the technology involved are all equally important in demonstrating to the manufacturing sector the ability to defend the IPR portfolio.
With respect to the 3g challenge, the word should is not good enough. We MUST be able to defend our 3g patents.
The Ericy issue remains unclear as we approach the second anniversary of the 2g settlement. As you and our techies have stated IDCC is much stronger in 3g than 2g. I think that all longs believe and have believed that a 3g license with Ericy is due at any time. I do not think that waiting for an arbiration confirmation that Ericy is a trigger for Nok is any excuse for the delay in licensing. Ericy is making money hand over fist in 3g infrastructure and we should be receiving our fair share provided we have the goods as advertised. Suddenly, we find ourselves on a mutual W-CDMA project for the USA military and Ericy remains unsigned. What is the protocal under this set of facts? Do we initiate a suit for willful infringement and an injunction potentially blocking the project? Somehow I do not think this is the way to break into our relationship with Uncle Sam. So we find ourselves with hands on our hips looking like Judge Schmails and saying "well, we are waiting" as Noonan (Ericy) continually lines up the putt (infrastructure) that costs us shareholder value.
A good arbitration result should stimulate a lot of activity and provide clarity for the shareholders and investment community going forward. I am expecting such a result by April fools.
MO
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