Friday, April 18, 2008 3:15:38 PM
loophole,
The CCA-2nd circuit agreed with Nokia argument. I know it is unbelievable but true.
mo
"Most importantly, InterDigital has failed to articulate any irreparable harm it would suffer if denied a stay of the Preliminary Injunction. InterDigital argues simply that there will be a modest delay of the ITC trial should InterDigital prevail in arbitration. Although perhaps inconvenient for InterDigital, such delay does not rise to the level of irreparable harm, and misses the mark with respect to the issue presently before the Court.The burden for InterDigital here is to show the harm that will be suffered if a stay of the preliminary injunction does not issue. Whether InterDigital would ultimately prevail in the arbitratin itself is not relevant to this appeal."
The CCA-2nd circuit agreed with Nokia argument. I know it is unbelievable but true.
mo
"Most importantly, InterDigital has failed to articulate any irreparable harm it would suffer if denied a stay of the Preliminary Injunction. InterDigital argues simply that there will be a modest delay of the ITC trial should InterDigital prevail in arbitration. Although perhaps inconvenient for InterDigital, such delay does not rise to the level of irreparable harm, and misses the mark with respect to the issue presently before the Court.The burden for InterDigital here is to show the harm that will be suffered if a stay of the preliminary injunction does not issue. Whether InterDigital would ultimately prevail in the arbitratin itself is not relevant to this appeal."
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