Wow, not enough posts to read
I thought for sure that a settlement was announced when I returned to see the volume of posts here today.
The first item that jumps out at me is just how poorly the 2ndCCA handled the IDCC motion for preliminary stay of the Batts order. I certainly hope that IDCC has forwarded the appropriate email from the Nok attorneys displaying their overbearing use of the Batts order to control any actions between IDCC and Samsung. This is a prime example of irreparable harm for your viewing pleasure, Your Honors.
The second item of interest is the concerted effort on the part of Nok to force Judge Luchern grant the stay filed by IDCC in compliance with the Batts Order. They obviously desire the ALJ approval because it renders the appeal of the Batts order useless. However, since the ALJ has chosen to ignore the IDCC and issue his suspension ruling, Nok will be screaming for IDCC to file a motion to dismiss in accordance with the Batts order. The failure to issue a stay of the Batts order by the 2ndCCA is a worse ruling than the Batts order IMO.
The third item of interest is that the subsequent conduct of Nok and its attorneys via threats of contempt because IDCC is conversing with Samsung over pre-hearing housekeeping is sanctionable IMO. In fact, in light of the transcript wherein Judge Batts specifically says that her order is not intended and does not have any effect over Samsung because they are not in front of her, a reasonable person can only conclude that Nok is intentionally interefering with the litigation efforts of the ITC, ALJ, the staff, Samsung and IDCC. This conduct should be sanctionable by striking the pleadings of Nok in this case and rendering the IDCC patents as valid and infringed by the placing of Nok products inrto commerce in the USA and a ban should issue. I would love to see the ALJ pull the trigger on these blatant abusers of the judicial systems in America who have continually shown little or no respect over 5 years of scorched earth litigation tactics designed to disrupt the normal course of business conducted by American Companies. This last stunt of making idle threats of contempt to block progress in the preparation for the evidentiary hearing between the litigants has gone way over the line of tolerated behavior and the ultimate sanction is justly deserved.
Hang in there folks, Nok has finally stepped in a big pile of its own BS. Things should get very interesting from this point forward.
MO
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