Osoesq Fair Point But Alternative Scenario
An alternative scenario could have involved a new business relationship/partnership even merger with ERICy which COULD have been a win win.
Also, we could have structured the settlement differently, with some upfront cash and more (much more) to be paid later (along with a few draft choices? LOL).
Also, we COULD have settled with ERICy when they WERE flush.
Finally, the failure to reach a global settlement with ERICy including 3G licensing and rates (even if rates were to be triggered later by some agreed upon event or standards body or IP rates paid by others) would have been significantly better IMHO.
ALSO: If we had gone to the mat and gotten a HUGE judgment we then could have settled it for less. The advantage would have been that it would have sent the message to others that IDCC could and would prevail, affirmed our IP, probably avoided some of the issues with NOK, and been the shot across the bow that we need to be given some respect and get rid of the Rodney Dangerfield image. The explanation that we WON BIG but are settling for pennies on the dollar BECAUSE ERICy was having financial problems would have been better than simply settling for pennies on the dollar short of having won a judgment.
JMHO