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laranger

02/17/05 9:28 AM

#95387 RE: Ghors #95386

Ghors.

I fully understand your point.

I was talking about NOK's apparent claim that Ericy was "no longer Ericy", after their handset division was merged with Sony's.

Clearly, 100% of Ericy's phone operation was still in existence, and 100% of its infrastructure operation was likewise.

Therefore, since the intent was to trigger royalties if Ericy signed for 2G, NOK could not now claim otherwise.
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JimLur

02/17/05 9:52 AM

#95389 RE: Ghors #95386

Ghors, "I have no clue on the rate to come and only hope it is considerable"

JMO but I think the rate has been established when the S/E deal was done. The main reason Nokia is contesting that trigger is to barter a better rate. The general opinion here and from what management has afforded it appears we might be past the point of wondering if we have a trigger so what else can Nokia do to get a better rate?

Well once again IMO they are suing us in the UK and Deleware sending the message that if they don't get a better 2-G rate they will tie up our 2-g and 3-G patents starting 01/01/2007.

If I were Harry I wouldn't budge an inch unless a deal included 2-G , 3-G and dropping both suits.

I might add that something must be in the contract that validates both 2-G and 3-G patents.
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spencer

02/17/05 1:26 PM

#95424 RE: Ghors #95386

Ranger: When interpreting a contract the courts look to the four corners rule. If the language is clear and unambiguous, then there can be no interpretation other than the clear language of the contract.

Agreed. If you don't like the wording of a contract, then the only person you can blame is yourself. No one forced you to sign it.


I am long and like Loop and others, I believe SE/E is an assign and the contract with NOK is triggered.

Agreed on that one too.