Learning and Mschere
You are setting yourselves up for disappointment. Arbitrators are paid by the hour. They are naturally going to review any documents that Nok says are privy to their case. This does not mean that they will consider the vacated orders as evidence. It means that they will either review or have a joint session to discuss the effect of the vacating. They will determine that they are useless after sufficient billable hours are spent in making the decision. They will also review any of the Ericy, Sony and Ericy/Sony sales figures that were used by IDCC and Ericy to reach the settlement.
Arbitration is very liberal in discovery. The panel will allow the parties a lot of leeway in getting the documents in order to conduct the hearing. On top of that, they will ask the parties if they have any other matters they wish them to review after the hearing and before rendering a decision. I have been involved in three arbitrations in my career. I found each one to be overly fair in appearance and time, but very time consuming and expensive in the end. Neither party hit a homerun in any of the decisions due to the baby splitting spirit of the process. The panels were more interested in what they believed should be a fair result than the actual law involved. This is why insurance companies, brokerage houses and banks always include arbitration in their contracts with their clients. They can always count on not facing a jury for any quasi legal activities they may perpetrate. Abitration is a hybrid process of law, equity and seat of the pants rationale.
Trying to predict how the panel will feel on the basis of the arguments presented by either side is not worth the effort. It is binding arbitration and the panel knows that their decision is pretty much where the buck stops. They know that if their decision is viewed as horrible by either party, the likelihood of repeat business is slim and none. The panekl will strive to make both parties happy. Obviously, one will be happier than the other, but the decision will be one that will not drive the less happy party away from the process or the panel members in their next dispute. Arbitration is a big business.
MO
loop
