Monday, August 17, 2009 2:00:41 PM
Learning2vest--Everyone is certainly entitled to their opinion, but I think you are absolutely wrong that the ALJ somehow rendered a ruling of non-infringement because he thought Nokia had made a reasonable settlement offer or because he thought that this was a commercial dispute. Judge Lukhern is a well respected ALJ in a federal administrative agency that has a job to do and that is rule on whether products are being imported that violate US patents, and, if so, whether a ban should issue. Judge Lukhern knows that it is quite likely in a case of this magnitude that his decision will be scrutinized by the full commission on appeal and then by the Federal Circuit. Based on his reputation, the last thing that he would want to do is write a half-assed opinion that would be criticized by the full commission or Federal Circuit. I think everyone has to accept the fact that after hearing all of the evidence in this case, the ALJ made a ruling that the 4 patents in issue were valid but no infringed, pure and simple. It was not a punt, it was not based on the alignment of the stars, it was not based on anything remotely having to do with settlement. It was based on his view of the law and facts as presented to him. IMHO
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