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Re: whizzeresq post# 272617

Friday, 10/16/2009 8:26:28 PM

Friday, October 16, 2009 8:26:28 PM

Post# of 432672
okay, glenny, after reading whizzers good post, it seems that the ruling of vaildity the ALJ said in his initial determination (ID) will not be part of the final ruling when it's filed. It doesn't say what wording will take its place. Obviously Nokia is hoping and saying in the release something like the final ruling will say IDCCs patents are not valid--that would hugely suck and more. IDCC is hoping by ignoring the whole validity thing in Merritt's PR that the final ruling will not even use the word validity and that by assumption the patents remain valid unless successfully challenged at some future proceeding by Nokia or somebody else. (Nokia would be hamstrung in the Appeals Court this time if there's no mention of validity in the final report because there would be nothing to challenge) Merritt hopes the validity issue is back to square one and maybe nobody else will have the wherewithall to challenge it again.

What's the best guesses by those here on how the final ruling will read with regards to validity--it's obvious that IDCC will hate the phrasing of the infringement part of that ruling?
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