Wednesday, April 16, 2008 6:24:54 PM
While the suspension of the evidentiary hearing serves to extend the time for ruling on the motion to stay filed by IDCC at the ITC and prolongs the capture of both Samsung and Nok at the same time, it may work to calm the current emergency atmosphere at the 2ndCCA. This could mean that we will be in limbo for a lot more than the 2 or 3 days that some have concluded on this board. It is still all good for finally getting our time to hit back in this fight and win. However, it once again proves that trying to time this stock is impossible no matter how many tea leaves we have piled up on the table.
We will continue to watch the appeal activity which is destined for an IDCC win. However, once again we have an ALJ, staff attorneys, Samsung attorneys, Nok attorneys and IDCC attorneys leaving the files from the extremely hot corner of their war rooms and moving on to other tasks. Many will now experience that phenomena which makes it very difficult to rekindle the desire to barrel into this task again. The thought of this complete release of momentum because of an ill prepared judge's off the wall order is more than maddening. The old saying of "that is why we have appellate courts" does not take into account the dulling result it has on the parties while a broken ruling is in the repair shop. The natural result is a reduction of focus among the legal and judicial teams that are involved in the main litigation which can be very harmful to the parties whose focus and frustration escalates as they sense the deflation around them.
We must hope for a quick and permanent fix by the 2ndCCA in order to mitigate as much loss of momentum as possible. Hang in there fellas. We are still closer today than we were yesterday.
MO
loop
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