Corp-Buyer--I think your view of Nokia's position has some merit based on Nokia's past statements. The following is from an article in the Philadelphia Business Journal from July 23, 2003 about Nokia going to arbitration:
"As an alternative to the determination that Nokia has no royalty obligations to InterDigital, Nokia is seeking an order requiring InterDigital to provide Nokia with access to various documents related to its previous lawsuits, negotiations, and arbitrations with other parties, InterDigital said.
While Nokia's request for that order is pending, Nokia is seeking to prevent the start of different arbitration proceedings that would determine the amount of royalties it owes to InterDigital for the period starting January 1, 2002."
...InterDigital has 30 days to respond to Nokia's request for arbitration. As part of its response, it intends to file a counterclaim seeking a determination of and award for royalties owed it by Nokia."
It seems Nokia was saying that the parties first had the obligation to negotiate the rates themselves before the ICC set any rates, but that Nokia couldn't begin to negotiate the rates until it had the opportunity to review the Ericy-Sony/IDC documents. However, Nokia itself raised the trigger issue in the first part of its arbitration demand by asking the ICC to determine that the trigger was not activated.
Once IDCC submitted its claim for breach by Nokia, howver, the issue of whether the trigger was activiated and the determination of the appropriate rates was properly before the arbitrators. Given the timing of the submission of final memoranda in the New York case, which presumably is after any time limit imposed in the ICC award, we should know whether Nokia intends to comply with any of the ICC decision. I tend to think that if Nokia fails to comply with the ICC decision, then IDCC might announce that Nokia has failed to comply with its obligations under the award an that IDCC was exploring its options. Those options, however, might depend on the nature of Nokia's failure. If Nokia supplies the actual sales figures but IDCC and Nokia dispute the actual sales numbers to apply to the rates, then I think a further proceeding before the ICC might be necessary. However, an outright refusal by Nokia to comply with the award by not providing IDCC with sales figures would seem to be a breach and could merit a contempt order if the award were confirmed.
News 
Market Data 
Discover 
AI
