Replies to post #137788 on InterDigital Inc (IDCC)

[Corp_Buyer]

There are many, as an example, from a state court, which follows the Federal Arbitration Act, see page 20:

"Because of the many violations of the Rules of Court and the patently frivolous nature of the appeal, and to discourage similar conduct in the future, sanctions must be substantial. ...Under the arbitration agreement
defendants are entitled to attorney fees and we remand to the trial court to determine the amount of attorney fees defendants reasonably incurred in defending this appeal and the attorney fees reasonably incurred in making the motion for sanctions...Using the amount thus determined as a lodestar, the court shall award an equal amount to defendants as sanctions. A mere award of attorney fees, to which defendants are entitled under the contract, would fail to compensate defendants for the burdens imposed on them as a result of this unnecessary and unnecessarily burdensome appeal. Sanctions are awarded jointly and severally against plaintiffs and their lawyer."

http://www.courtinfo.ca.gov/opinions/documents/G034551.PDF

There are many such awards and the odds are signficantly high for frivolous appeals stemming from arbitration confirmations, for the reasons given above.

One consideration for IDCC and Nok may be what the PLA and Master Agreement say about attorneys fees in the event of disputes?

Corp_Buyer

[Ricardo Montalban]

They sure as heck can and do send cost of the appeals and attorneys' fees to the losing side. That can run large if Nokia makes a big deal out of this instead of just paying. Dont forge interest runs from date of breach until paid.