Loop, correct me if I misunderstood the process here, but I thought that if IDCC went up against SAM alone and they succeeded in defeating any invalidity defenses SAM puts up and they prove that SAM infringes the patents, then NOK's options at a later trial will be more limited. I thought NOK will not be able to subsequently use the same invalidity arguments/evidence SAM presented and NOK will not be allowed to re-argue the claims construction that the ALJ ruled on in the SAM trial. This would make it really hard for NOK to come up with new prior art or find something in the prosecution history that SAM missed to argue invalidity, and they will know, based on the claims construction from the SAM trial, whether they have any chance of showing their handsets don't infringe.
Why do you think they will have an easier time of winning later, if SAM fails now?
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