InterDigital Inc (IDCC)

[infinite_q]

What NOK doesn't know...

is what discussions took place between Judge Lynn and IDCC/ERICY prior to the announced settlement.

If, as I suspect, Judge Lynn put pressure on the parties to settle, including threats to unseal portions of the record (the most damaging thing to IDCC is presumed to be the unsealing of the partial summary judgement ruling removing certain claims from further consideration), then a subsequent settlement by the parties must be considered to have been entered into in response to that pressure. Furthermore, if the Judge threatened to unseal if the parties did not settle, and they then agreed to settle, the parties dependency on the continued enforcement of the sealing order is implicit. Surely, the court would not overturn the sealing order if they had used that as a carrot to get the parties to come to terms.

NOK can argue that IDCC presented no evidence on their reliance that the sealing of the records, but the Judge and IDCC and ERICY will know full well what took place behind closed doors in the Judge's chambers.

Anybody know if the minutes of such meetings are recorded?