-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Puq0yrEEH9V2P4oveWKmBLphlTsI+bcCJrkB8oZF0CWccTgDYfG0zrGdAYjK7Jfd l24QIWujE2wuwD4D7hoOkQ== 0001157523-06-000767.txt : 20060127 0001157523-06-000767.hdr.sgml : 20060127 20060127114427 ACCESSION NUMBER: 0001157523-06-000767 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060126 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060127 DATE AS OF CHANGE: 20060127 FILER: COMPANY DATA: COMPANY CONFORMED NAME: INTERDIGITAL COMMUNICATIONS CORP CENTRAL INDEX KEY: 0000354913 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 231882087 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-11152 FILM NUMBER: 06555914 BUSINESS ADDRESS: STREET 1: 781 THIRD AVE CITY: KING OF PRUSSIA STATE: PA ZIP: 19406-1409 BUSINESS PHONE: 6108787800 MAIL ADDRESS: STREET 1: 781 THIRD AVE CITY: KING OF PRUSSIA STATE: PA ZIP: 19406-1409 FORMER COMPANY: FORMER CONFORMED NAME: INTERNATIONAL MOBILE MACHINES CORP DATE OF NAME CHANGE: 19920703 8-K 1 a5066223.txt INTERDIGITAL COMMUNICATIONS CORPORATION 8-K ================================================================================ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 -------------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (Date of earliest event reported): January 26, 2006 ---------------- InterDigital Communications Corporation (Exact name of registrant as specified in its charter) Pennsylvania 1-11152 23-1882087 (State or other jurisdiction of (Commission File Number) (IRS Employer incorporation) Identification No.) 781 Third Avenue, King of Prussia, PA 19406-1409 (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: 610-878-7800 Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ================================================================================ Item 8.01 Other Events. On January 27, 2006, InterDigital Communications Corporation issued a press release announcing that it intends to oppose Nokia Corporation's (Nokia) effort to appeal the judgment of the United States District Court for the Southern District of New York, which confirmed the Final Award against Nokia in December 2005. A copy of the press release is attached hereto as Exhibit 99.1. Item 9.01. Financial Statements and Exhibits. (c) Exhibits. 99.1 Press release dated January 27, 2006. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Current Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized. INTERDIGITAL COMMUNICATIONS CORPORATION By: /s/ R.J. Fagan ----------------------------------------------- Richard J. Fagan Chief Financial Officer Dated: January 27, 2006 EXHIBIT INDEX Exhibit No. Description - ------- ---- ----------- 99.1 Press release dated January 27, 2006 EX-99.1 2 a5066223ex991.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 InterDigital to Oppose Nokia's Effort to Appeal Federal Court's Confirmation of Final Award KING OF PRUSSIA, Pa.--(BUSINESS WIRE)--Jan. 27, 2006--InterDigital Communications Corporation (NASDAQ:IDCC) announced that it intends to oppose Nokia Corporation's (Nokia) efforts to appeal the recently issued judgment of a federal court confirming an arbitral award against Nokia. In December 2005, the federal district judge presiding over the enforcement proceeding between InterDigital and Nokia in the United States District Court for the Southern District of New York confirmed in its entirety the Final Award rendered in June 2005 by the Arbitral Tribunal operating under the auspices of International Court of Arbitration of the International Chamber of Commerce (ICC). Nokia has filed a notice of appeal, indicating that it is appealing the federal court's judgment to the United States Court of Appeals for the Second Circuit. "I am disappointed that Nokia has elected to pursue yet another legal challenge to its royalty obligations to InterDigital in spite of an unambiguous confirmation of the Final Award by the federal court," commented William J. Merritt, President and Chief Executive Officer of InterDigital. "Notwithstanding Nokia's latest action, our resolve to prevail in this dispute remains steadfast and absolute. We will continue to pursue all legal remedies to secure payment and we remain confident that Nokia will pay the amounts due, either of its own accord or by court order." Note to editors: In February 1999, Nokia entered into agreements with InterDigital which covered both technology development and a patent license agreement. As part of the patent license agreement, Nokia paid $31.5 million up front to InterDigital to cover product sales through the end of 2001. Royalties owed after 2001 could be defined through direct negotiation, or by a patent license agreement with a designated major competitor. Patent licensing agreements signed in March 2003 between InterDigital and Ericsson and Sony Ericsson established the framework for Nokia's royalty obligations for 2G and 2.5G handset and infrastructure sales. After these patent licensing agreements were signed, InterDigital notified Nokia of its royalty payment obligations. Nokia disagreed with InterDigital's interpretation of the impact of these patent licensing agreements and requested binding arbitration in July 2003 to resolve the dispute. In June 2005, the Arbitral Tribunal delivered its Final Award in the arbitration proceeding between InterDigital Communications Corporation, its wholly-owned subsidiary InterDigital Technology Corporation, and Nokia. The Tribunal established royalty rates which are applicable to Nokia's sales of covered products for the period beginning January 1, 2002 through December 31, 2006. Despite the Final Award, Nokia has refused to pay the royalties owed to InterDigital. About InterDigital InterDigital Communications Corporation 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 baseband product solutions and protocol software for 3G multimode terminals and converged devices. InterDigital's differentiated technology and product solutions deliver time-to-market, performance and cost benefits. For more information, please visit InterDigital's web site: www.interdigital.com. InterDigital is a registered trademark of InterDigital. This press release contains forward-looking statements regarding our current beliefs, plans and expectations as to the receipt of past and future royalty obligations of Nokia under the Final Award and our pursuit of all legal remedies to secure payment. 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 contained herein and (i) InterDigital's interpretation of and Nokia's compliance with the Award, and (ii) unanticipated appeals or delays in securing enforcement of the court order confirming the Final Award. CONTACT: InterDigital Communications Corporation Media Contact: Jack Indekeu, 610-878-7800 jack.indekeu@interdigital.com or Investor Contact: Janet Point, 610-878-7800 janet.point@interdigital.com -----END PRIVACY-ENHANCED MESSAGE-----