WHIZ or other eagles: Question. If NOK does not appeal Judge Luckern's finding of validity, do you see any potential for an equitable defense against NOK in the other cases at some point in the future on this issue?. I'm just starting to think along the lines of failure to raise an affirmative defense and prosecute it to conclusion. If NOK does not appeal the initial ID, the judge's finding of validity become final. I understand ITC findings not taken to the appeals court are not the subject of res judicata type binding precedent, but at some point I'm thinking equity might become a factor in the other courts. Just thinking out loud. The answer is probably "NO", but I'm outside the box right now on this point. It just doesn't sit right that NOK could not be wacked on the head for allowing this decision to become final on validity and then try it again in another court.
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