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mschere

12/22/05 10:41 AM

#136426 RE: Learning2vest #136424

IMO:The Arbitral Award provided a schedule of RATES based on volume of covered sales for various periods..2002 through 2006.Only the rate for Nokia sales from 2002 through 2003 was set!

Given that the ICC award was basically a rate that needs to be applied to sales figures provided by Nokia, should we be expecting to see the NY court appoint a special master to administer a favorable ruling?
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Dave Davis

12/22/05 12:51 PM

#136456 RE: Learning2vest #136424

L2V:

...Somebody with the court's authority to get the sales figures, direct and validate the required computations, establish the final amounts due, and verify that those funds are transmitted to IDCC's account in a timely manner.

I wonder if Ronny Marchma is available for this.

Ron, if you're reading this, perhaps you could forward your C.V. to Judge Pauley. (You may want to redact any references to your status as long time InterDigital shareholder.)

Just a thought.



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sjratty

12/22/05 12:52 PM

#136457 RE: Learning2vest #136424

Doesn't work that way at all. If the Court sides with IDCC, it will just confirm the arbitration award and be on its way.

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Learning2vest

12/27/05 10:23 AM

#136813 RE: Learning2vest #136424

Rewrite of ref post(see below).

Thinking we got an answer to my question in that earlier post this morning, i.e., looks like IDCC has initiated the "dispute resolution process"(including the possibility of bringing an ICC arb tribunal back into the picture!) to force Nokia's cooperation in computing and paying the 2G arb award.

Here is an updated version of the ref post ..............................................................

Question that came to mind while thinking about the NY Federal Court's arb enforcement ruling we are waiting on.

Given that the ICC award was a schedule of rates that are to be applied to sales figures provided by Nokia, should we be expecting to see the NY court appoint a "special master" to administer a favorable ruling? Or will the court just toss that bit of detail work back to IDCC?

Seems like we need somebody with authority to get the sales figures from Nokia, direct and validate that the required computations get completed, establish and validate the final amounts due including interest and any other penalties, and then make certain that those funds are transmitted to IDCC's account in a timely manner.

I'm thinking that work should get underway regardless of what Nokia decides to do about any appeal process once a favorable confirmation order is entered. Just direct that the funds are put into escrow if there is an appeal pending. But WHO is going to be cracking the whip on Nokia to force their cooperation?
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If I'm reading today's 8K correctly(?), IDCC expects the court to simply confirm the ICC award and leave the computations and collection process to the parties to work out under the terms and conditions described within their contract.

Hmmmm.... Does Nokia really want to end up back under the jurisdiction of an ICC tribunal after thumbing their nose at the authority of that body last summer? Will that collection process remain under the jurisdiction of the same NY Federal Court for enforcement once the actual amounts are determined? Tic, toc...