A little speculation here.
Under any objective standards ZTE, on a world-wide basis, seems to constantly misinform, evade, and try in every way possible to play tricks with the courts. It eventually gets into the ethical doghouse with every court it deals with, with the possible exception of in China.
I really don’t think ZTE understands what law in a non-dictatorship involves. Its officers seem to demand that its attorneys do and say anything necessary, whether or not it’s frivolous or untrue, to get it past the immediate, pending legal battle. That may well work in People’s Courts or in tribunals where people can be bribed or intimidated, but not in most other places where real legal systems are extant.
It’s obvious how Kaplan resents the way ZTE has shown such arrogance and contempt for the judicial system in the US and elsewhere. So Kaplan may actually be doing something that has the legal effect of setting a perfectly innocent legal trap for ZTE. (Oh, no, a judge wouldn’t do that, right?)
First, Kaplan has not required a bond for the TRO. (This is often a big impediment for a petitioner, and helps Vringo a lot here.)
Second, Kaplan has shown tremendous judicial restraint, but he has coupled it with,
Third, Kaplan has made it a point of observing in writing how untrustworthy ZTE is, both in the USA and elsewhere. He has established a judicial paper trail. I’m speculating that Kaplan knows that ZTE just can’t resist the temptation to again violate the NDA and his TRO. Although he has shown exemplary judicial restraint in dealing with ZTE, he wants to cross his T’s and dot his I’s before he levies monetary sanctions.
Fourth, if ZTE decides to join the community of ethical litigators, so be it; if not, though, the stage is set for Kaplan to take un-reversible sanction-related action. I'm guessing ZTE, true to form, won't be able to resist cheating again. Then BANG!
.....All just my speculation today after (1) finding and burying one dead cow, (2) welcoming two new calves into this world.
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