InterDigital Inc (IDCC)

[loophole73]

Frob

In all fairness to the IDCC attorneys, I believe the written word of the 2ndCCA is nonsense. These judges have been around long enough to know that a mandatory injunction dictating that a party file certain documents in a 3rd party litigation that may result in a dismissal of their complaint in same has built in irreparable harm in case the mandatory injunction was issued in error. It is extremely obvious that if the decision qualifies for an expedited appeal process, then a certainly preliminary stay is also in order. These three judges could take judicial notice of the serious consequences that could happen if the ALJ denied the motion for stay filed by IDCC making it necessary for IDCC to file a motion to dismiss its complaint. Further, this case was heard by submission which does not allow for an oral argument to be made before the court.

MO
loop