Replies to post #95719 on InterDigital Inc (IDCC)

[loophole73]

Ranger

The 8k states:

"On February 14, 2005, the Tribunal presiding over the arbitration proceeding between InterDigital Communications Corporation and its wholly-owned subsidiary InterDigital Technology Corporation (ITC), and Nokia Corporation (Nokia),
notified the parties that the International Court of Arbitration of the International Chamber of Commerce (ICC) has set May 31, 2005 as the last date for rendering a Final Award. The Company anticipates a decision by the ICC on or
before that date absent an earlier resolution by the parties. The arbitration relates to Nokia's royalty obligations on its worldwide sales of 2G GSM/TDMA and 2.5G GSM/GPRS/EDGE products under its existing patent license agreement with
ITC."

The ICC informed the Tribunal. Why? What difference would it make unless the parties requested time from the Tribunal for settlement purposes? The issue has to be raised in order for there to be a response. Look closely at the "last date" wording. I do not know for sure that the parties requested that the decision and award be held in limbo for a reasonable time to settle, but it seems strange that this information would even be available for 8k purposes without initiation from the parties.

Again, this is just my opinion. Osoesq believes that no settlement is on the table or contemplated and that IDCC is awaiting the decision. Tea leave reading is certainly not a science and anyone can venture a Wag as well as the next guy. I just believe that if IDCC was merely awaiting a decision, they would have no reason to seek the information contained in the 8k. I doubt that the 8k was filed for the benefit of option players. Further, it allows IDCC time to deal with Samsung who is a necessary party to a settlement with Nok if 2g discounts are to be offered in exchange for 3g license finalty.

MO
loop

[Dishfan]

laranger, IMO, the ICC has two major reasons to take their time on this decision:

1) the amount at issue (approaching $1B for Nokia and Samsung) is likely among the largest sums ever arbitrated. With the attention focussed on this case, it is essential to the ICC to get it right.

2) I imagine that Nokia is making a serious fuss over the ICC process including threats to appeal or somehow sidestep. The ICC is obligated to dot every i, cross every t, and uncover every stone - even if just to assure that Nokia gets a fair and unchallengeable decision.

The standard ICC rules are being stretched in this case because of the enormity of the consequences, IMO. I doubt that InterDig or Nokia asked for an extension of time.

(I'm a big InterDig cheerleader - but I'm not so sure that great things will happen in the near term. If I've learned anything over the last five years, it's that nothing comes easy for our little KoP gem ;)