Loop--This gets interesting. I can see IDCC's thinking. Remember, Nokia had the opportunity to use the Samsung hearing as a dress rehersal before they moved for consolidation. Nokia evidently realized that if the ALJ ruled in favor of IDCC that the patents are valid and the affirmative defenses are bull crap, then it would be highly unlikely that the same judge would rule differently on the same patents and affirmative defenses with regard to Nokia. I think IDCC stated it would move to sever to put pressure on Nokia to consider the risks they have if they ultimately lose the appeal. Usually, a decision such as consolidation or the revocation thereof is a decision relating to housekeeping by a judge for which he has practically unbridled discretion. If the ALJ does decide to sever, I don't think it would be grounds for a reversal. Also, if he were to sever the cases, I think he would keep both, since they were both originally assigned to him. He would just schedule Nokia to begin after he completed the Samsung hearing. And I am sure he would be in a good mood to hear the case. I'll check the docket tonight to see if they have posted the briefing schedule.
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