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Ellix

06/03/05 5:36 PM

#111403 RE: biggeneg #111400

biggeneg,

I respectfully disagree. NOK attorneys stressed that they will pay based on "necessary and sufficient" conditions. They are willing to concede that the "necessary" condition has to do with the trigger. If the SNE trigger is affirmed, that is the "necessary" condition.

They were vague, however, as to what constitutes the "sufficient" condition. Without any doubt, this "sufficient" condition is if the patent validity holds up. In other words, if the patent is not valid then even if a trigger exists, they should not have to pay up. That is the only correct interpretation of their stance.



I don,t think this arb has anything what so ever to do with patent validity.

This is about the interpretation of the nok/idcc contract.
Does the settlement with ERICY get nok to pay and at what percent.