Negotiations happen every day with public companies and require no public disclosure until an agreement is reached. So the last time there was any public notification that there were no negotiations was at the end of April by the NOK filing in Delaware.
It's interesting then that WM became the CEO a week later and in his first CC said the following:
"These things can do about-faces pretty fast once you get the right formulas in place. And with respect to the arbitration, as I discussed, I guess, maybe over a year ago we got into this, there is a process -- the arbitration process is a defining process. And along the way, you have points of pressure and you have points of clarity. And those are things that are necessary sometimes for the parties to get to the point where they decide if it is worthwhile to resolve them. That process continues, and within a word, there can be clarity, and with that comes opportunity. And so we have remained open to fashion deals that make sense for us, but if there's not a deal in the offering, and the result is positive, then we would move forward on executing on the judgment. So we are a very flexible Company in the sense that we don't let past events necessarily color our future thinking."
It would appear from the above comments that WM was inviting Nokia to negotiate by stating IDCC is a "flexible company" and "remain open to fashion deals" so for those that think no negotiations are happening over the last 5 weeks, the evidence would appear to make it much more likely than not that negotiations are taking place as we speak.
In fact it appears we have reached a pressure point and possibly have a point of clarity which happened in the last few days.
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