Tribunal Determines That Prior Arbitration Award Against Samsung
(Currently $153 Million) Is Not Affected by 2006 Nokia-InterDigital
Settlement Agreement
InterDigital, Inc. (NASDAQ: IDCC) announced today that the Arbitral
Tribunal operating under the auspices of the International Court of
Arbitration of the International Chamber of Commerce (ICC) in the
arbitration proceeding between InterDigital’s
wholly-owned subsidiaries InterDigital Communications, LLC and
InterDigital Technology Corporation (InterDigital) and Samsung
Electronics Co., Ltd. (Samsung) has issued a Partial Final Award. Among
its determinations, the Tribunal concluded that the April 2006
Nokia-InterDigital settlement agreement does not affect Samsung’s
royalty obligations to InterDigital for the sale of single mode 2G
GSM/TDMA and 2.5G GSM/GPRS/EDGE terminal units (“covered
products”) through 2006 as set forth in the
prior September 2006 arbitration award. Under the September 2006 award,
Samsung was ordered to pay approximately $134 million plus interest for
sales of covered products through 2005. The September 2006 award also
provided the royalty rate to be applied for Samsung’s
sales of covered products for 2006. The total amount of royalties for
2006 will be determined by the Tribunal at a later date.
“We are pleased that the Tribunal’s
decision confirms our view that Samsung’s
legal challenges amounted to conscious gamesmanship and that the
previous arbitration award is not open to any meaningful challenge,”
said Lawrence F. Shay, President of Patent Licensing. “We
are also confident that Samsung’s appeal of
the September 2006 award before the Second Circuit will fail and that
InterDigital will be paid the amounts owed.”
The Second Circuit appeal was filed by Samsung in December 2007 and
secured by Samsung’s posting of a bond in the
amount of approximately $166.7 million. In May 2008, the Second Circuit
granted Samsung’s motion to stay its appeal
pending receipt of this Partial Final Award. Samsung has now withdrawn
its opposition to a motion previously filed by InterDigital to vacate
the stay in the Second Circuit.
William J. Merritt, InterDigital’s President
and Chief Executive Officer, added: “This
decision, combined with the positive decision from the Second Circuit
regarding Nokia reported earlier today, and what we believe was a very
successful evidentiary hearing before the U.S. International Trade
Commission regarding Samsung’s infringement
of InterDigital’s 3G patents earlier this
month, continue to provide the appropriate incentives to all parties to
find an amicable resolution to the current patent licensing disputes.”
About InterDigital
InterDigital designs, develops and provides advanced wireless
technologies and products that drive voice and data communications.
InterDigital is a leading contributor to the global wireless standards
and holds a strong portfolio of patented technologies which it licenses
to manufacturers of 2G, 2.5G, 3G, and 802 products worldwide.
Additionally, the company offers a family of SlimChip™
high performance mobile broadband modem solutions, consisting of
Baseband ICs, Modem IP and Reference Platforms. InterDigital’s
differentiated technology and product solutions deliver time-to-market,
performance and cost benefits.
For more information, visit: www.interdigital.com
This press release contains forward-looking statements regarding our
current beliefs with respect to the effect of the award. Words such as “will”
or similar expressions are intended to identify such forward-looking
statements.
Forward-looking statements are subject to risks and uncertainties.
Actual outcomes could differ materially from those expressed in or
anticipated by such forward-looking statements due to a variety of
factors including, but not limited to, those identified in this press
release as well as the following: (i) other challenges to the September
2006 award and (ii) an adverse decision in Samsung’s
appeal of the September 2006 award before the Second Circuit. We
undertake no duty to publicly update any forward-looking statements,
whether as a result of new information, future events or otherwise,
except as may be required by applicable law, regulation or other
competent legal authority.
InterDigital is a registered trademark and SlimChip is a trademark of
InterDigital, Inc.
InterDigital, Inc.
Media Contact:
Jack Indekeu,
+1-610-878-7800
jack.indekeu@interdigital.com
or
Investor
Contact:
Janet Point, +1-610-878-7800
janet.point@interdigital.com