InterDigital Inc (IDCC)

[whizzeresq]

Gio--Thanks for the post. I am going to sleep very well tonight. I think the Second Circuit is on top of this and I cannot see Nokia winning on the first point and that would be enough to reverse Judge Batts. Mschere thanks for reposting my old post. Simply put, Congress passed a law on how these investigations should proceed. First, an ALJ ruling is heard administratively on appeal by the full commission of the ITC. Then, it goes to the Federal Circuit court of appeals. Judge Batts' ruling goes against Congress' explicit intent and cannot be upheld. I believe that the staff law clerk or one or more of the law clerks to the judges on the panel reviewed the briefs and record in preparation for briefing the judges for the upcoming oral argument. Once the record was fully reviewed, the law clerks saw that they should alert the judges to the need for a speedy decision by the panel after oral argument and probably sent a memo to the judges. I bet that there is a strong discussion in the memo showing the serious error committed by Judge Batts and recommending that a quick decision be issued reversing the decision. In order to be fair, Nokia was given the opportunity to respond to the specific issues that the panel is concentrating on. Of course, a court cannot allow just one party to respond, so IDCC was also given an opportunity. I am really struck by the 2 day notice given to the parties. The order was entered today and gives the parties until Friday. This type of order is very unusual and suggests to me that we can expect a speedy ruling. IMHO