InterDigital Inc (IDCC)

[Ghors]

Thanks to all who attending the trial for their reports. However, I am really confused and am at a loss to explain the events of the trial based upon everything I know about trials.

Here's why I am confused. Per our reporters from trial, IDCC has rested their case. Based upon what our reporters have posted, IDCC presented no damage testimony of any kind whatsoever and ZTE is already presenting it's liability witnesses. Where did damages go???

Basic law 101. If you don't present any damage testimony, you get Zero dollars. Merely winning infringement means nothing if you waive damages by not presenting any evidence of damage.

Possibilities: 1. The judge bifurcated the trial without our knowledge and will try damages separately IF IDCC wins infringement. If this is so, then the same jury might be held over on damages or a different jury might hear damage testimony at a later date. To me, this would be crazy because damage testimony would only take another day or so. This does happen in complex cases, but why didn't we know? There should have been something on Pacer or somewhere.

2. The parties agreed to let damages be set in binding arbitration IF IDCC wins infringement. Possible.

3. The parties agreed to let the court set damages IF IDCC wins. Possible, but unlikely.

I would love to hear what happened in two days of testimony and not having any evidence of damages even discussed by our reporters.

Help, Anyone !!

g hors
g hors