If LG admits to infringement, validity and narrows the scope of the arbitration to royalty rate, I believe the arbitrators will accept and proceed on the application. The problem is the non-existence of Frand rate determination for the arbitrators to follow. Further, the subject matter will be limited to 3g and LG is infringing our Lte patent portfolio.
The good or bad news depending upon the outcome is the EU is considering solving the FRAND rates for LTE. This could be a great deal for IDCC. Even though it would only apply to European jurisdiction, I believe other jurisdictions around the world will follow and global rates will be set.
Regarding the CAFC appeal, I would not hold our breath. The general rule is that any agreement of arbitration will be honored by the courts unless a company seeking arbitration behaves like Nok and engages in scorched earth litigation thereby waiving its right to arbitration.
MO
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