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gio

04/13/05 10:06 AM

#101738 RE: JimLur #101736

Jim, I agree that at times some of the back and forth becomes annoying but we own the company and management works for us. What better forum exists for evaluating their performance both good and bad? Personally I believe I'm better informed about my investement by seeing the different perspectives. I have no idea how you can limit the redundant posts and emotional rants but I would hate to see this become a cheerleading forum only.
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mschere

04/13/05 10:20 AM

#101739 RE: JimLur #101736

Some feel that if IDCC announces a 2G Arbitration Judgement from Nokia comparable to the S/E 2G rate..that that day will be recorded as the start of the U.S. reversing its current unfavorable balance of Trade Payments.

Samsung is scheduled to report its first-quarter earnings on Friday.

The released estimate indicated that Samsung is the only major mobile phone maker to enjoy an increase in handset sales during the January-March period.

Samsung is estimated to have sold 24.5 million handsets in the quarter, up 16.1 percent from the previous quarter.

In contrast, Nokia‘s handset sales are expected to fall to 53.5 million units for the first quarter from 66.1 million units the quarter prior.
Motorola is also forecast to sell 27 million handsets in the first quarter, down from 31.8 million units in the three months ending 2004.


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Learning2vest

04/13/05 10:30 AM

#101741 RE: JimLur #101736

Thoughtful post with a very timely closing line Mr Lurgio, i.e., "We are closing in on what we all hope will be good times so lets all get along."

I'm thinking that we are entering the window of time for Nokia to make their best settlement offer if they are going to make one. The ICC Court of Arbitration has given notice they will deliver their rulings on Nokia's 2G obligations to InterDigital no later than May 31st, and IMO that means it could come a few weeks earlier than that. If a settlement is to be negotiated(?), there is not much time left for Nokia to delay before putting a serious offer on the table.

Some thoughts on why Nokia might want to negotiate a settlement rather than wait for the ICC rulings?

1) Nokia has acknowledged that they owe InterDigital "something" for 2G, and they have set up an accounting provision in their accounts for "IPR infringement". (Last time I checked, that IPR infringement provision was for more than $400 million U.S.)

2) Guessing that waiting for the ICC award will introduce at least two risks regarding 2G that a negotiated settlement eliminates, i.e., the total amount to be paid and the terms for making that payment. The thought is that Nokia's leverage in trading off some of their 2G obligation for a 3G rate and other considerations will disappear when the award is made. In addition, Nokia's leverage in negotiating extended payment terms on any award amount will be all but eliminated once the ICC delivers their rulings.

3) Once the ICC Court of Arbitration validates Ericsson and SONY/Ericsson as 2G rate triggers under terms of their 1999 license agreement with InterDigital,.... they will not have much argument left to make when/if Ericsson and SONY/Ericsson license with InterDigital for 3G. Does Nokia want to risk having somebody else set their 3G rates and risk getting surprised on 3G the same way they did when that happened with their 2G rates? Or will they want to participate in the rate setting negotiation this time?

My take on those points leads me to expect Nokia to make a serious settlement offer any day now. The BIG question I have is how InterDigital wants things to play out vs Nokia at this point in time.

Nailing that big nasty bully to the wall with a "Final Judgment" ruling on 2G sure would be sweet music for the rest of the wireless industry to hear. You don't have to worry about getting any more of Rodney Dangerfield's "no respect" treatment after you knock the biggest bully around flat on his wallet.

In addition, IMO the ICC Court of Arbitation needs to give serious consideration to the harm that Nokia's behavior vs patents in general, and InterDigital in particular, has caused to the helpless employees and investors of small firms like InterDigital. Based on what I can determine(?), the ICC Court of Arbitration has the authority to levy punitive damages when/if they see behavior that warrants such action. If that is true and they do not levy punitive damages, then it seems like they would be giving an appearance of tacit approval on Nokia's actions.

All that aside, IMO the issue that will decide whether InterDigital accepts any settlement offer Nokia chooses to make will be the 3G rates and terms Nokia is willing to agree. If Nokia steps up to what InterDigital is asking for on 3G, the deal will be done. I'm thinking that could happen about any day now if it is going to happen before the 2G arb ruling comes down.



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Data_Rox

04/13/05 11:34 AM

#101748 RE: JimLur #101736

Jim - maybe you'll delete this post because some may take it as management bashing, but I'm going to share MY opinion.

Prefacing this by stating I have no real problem with the day to day staff of HG, AB, ML, RB, BM, JK...or even RT...and I really enjoy some of the engineers I've met with too. But.....

This year I have the opportunity to vote for a change at the top of this company, and I'm going to do so. why?

IMO, HC runs this company like a private business - kind of like his dry cleaning company. why do I think this?

Lomp - one of the most prolific patenters the company purchased (Gary worked for Dr. Don). In 1998 he was the most highly compensated executive on the staff...why did he walk away? Grass greener? From everything I'e seen, it wasn't a pleasant parting.

Papenella - this industry veteran (10 years prior with Lucent) was hired in as VP and GM of BCDMA in 1998....where did he go? Too long to wait it out?

significant others....how many since Harry "saved" the company?

but most of all...Gercenstein - He was a breath of fresh air to many following this company....so why did he leave? Culture clash?

here was his intro in this IDCC release at the 2000 ASM (which I was at)

InterDigital's Chairman of the Board, Harry Campagna, opened the official meeting. He introduced Mark Gercenstein, the Company's recently appointed Chief Executive Officer, saying, "I made a commitment to our shareholders that the Board would search for and select a new CEO. We wanted a leader with deep roots in telecommunications, a track record of success and the chemistry and drive that would fit well with our team, we found just such a man in Mark Gercenstein."

Mr. Gercenstein, CEO, commented, "Over the past year, our team has successfully transitioned InterDigital from a focus on the development and production of wireless local loop systems to the development of technology for the 3G market. That focus, along with our participation in worldwide standards activities, has allowed us to attract our first 3G customer, Nokia. We are making excellent progress in developing high data-rate technology for Nokia that we expect to play an important role in advanced wireless products."

"Our work in the standards bodies is a critical element of our strategy," continued Mr. Gercenstein. "As we indicated in November, we have determined that we have technology, patents and patents pending that will be essential to the implementation of all modes of the 3G standard. We plan to add resources to our standards team as we continue to enhance our presence in the standards bodies worldwide.

"Our patent portfolio is a key asset. In 1999, we were granted 44 new patents worldwide, primarily for CDMA inventions and we have been granted another 11 so far in 2000. Since January 1, 2000, we have also filed 25 new patent applications. We have signed 6 new licensing agreements during the past year and will be increasing our investment in our licensing program.

"Financially, InterDigital is sound, with approximately $100 million in cash and short-term investments and a growing stream of recurring revenues from our licensing partners. Excluding the expected adjustment for SAB 101 that we will book in the second quarter, I anticipate reporting a third straight year of profitability and positive cash flow in 2000.

"InterDigital is focused on meeting its technology development milestones. As part of that focus, we are hiring aggressively. Year-to-date, we have increased our engineering team by about 25% and will strive to reach 75% growth for the year. We are doing this because we plan to have system-on-a-chip design solutions in 2001. In the coming months, we will finalize our long-term business strategy and expect to communicate that strategy to our important constituents in the fourth quarter 2000. We will further introduce key business processes to create a platform for growth into the future."

In summary, Mr. Gercenstein concluded, "the goals we have established for 2000 and beyond reflect our commitment to build substantial long-term value for InterDigital's shareholders, employees, customers and partners."



I'm of the opinion that Harry can't stand anyone that won't be a lap dog in his private company, and he's trained his staff to be exactly that...and he'll take care of them from the compensation committee cash register. Hey....if I was home grown in that organization and Harry made sure I had plenty of options and RSUs along with a fat salary, I'd sit up and beg too. Those that question him or try to change things depart. Not healthy IMO.

For those that think changing the COB at THIS point in IDCC's act is detrimental...I ask you why? Did Harry invent the patents that we're in litigation over? No. Is Harry going to change the outcome of the Nokia arbitration hearing that was concluded last month? No. Does Harry bring any kind of positive relationship with major OEMs to the table? No.

So this year I'll choose to vote my shares against HC, but I'll hold my ownership of this company until such a time that I feel I have 1)lost enough money in it (hard at the average price I have), 2)made enough money to sell part, or all of my holdings.

I feel that a change at the top will help ME to achieve #2...in a little sooner time frame. I'm not bashing the company or the stock....or even Harry. Just suggesting that IMO, a change is needed.