NEW LAWSUIT BUT NOT BAD FOR IDCC: Nokia is suing Ericsson in TXND (Judge Lynn) to enforce a subpoena issued by the Arb panel for E to appear before it on Oct 7. E refused to attend. Nokia is seeking information as to whether Ericsson sweetened the deal to get Sony to buy into the licenses with IDCC!
The arbitration 'final hearing' date of Jan. 17 is in Pacer # 15.
I was alerted to this by a third party and full credit will be acknowledged at the appropriate time. FWIW, a lot of people out there know a lot that we don't!
There are several issues surrounding Sony Ericsson as a trigger but Ericsson as a trigger does not appear - at first glance - to be in dispute. Nokia wants secret E&SNE info and IDCC also concurs. More later.
I will send JimLur the important filings within the hour.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:04-cv-02320
Nokia Corporation v. Ericsson Inc
Assigned to: Judge Barbara M. G. Lynn
Related Case: 3:93-CV-1809
Cause: 09:1 U.S. Arbitration Act
Date Filed: 10/28/2004
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Date Filed
#
Docket Text
10/28/2004 1 Petition to Enforce Arbitral Subpoena Pursuant to 9 USC 7 against Ericsson Inc ( Filing fee $150; Receipt number 212561), filed by Nokia Corporation.(klm, ) (Entered: 10/29/2004)
10/28/2004 ***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (klm, ) (Entered: 10/29/2004)
10/28/2004 2 CERTIFICATE OF INTERESTED PERSONS by Nokia Corporation. (klm, ) (Entered: 10/29/2004)
10/28/2004 3 Summons Issued as to Ericsson Inc. (klm, ) (Entered: 10/29/2004)
10/28/2004 4 MOTION to Enforce Arbitral Subpoena by Nokia Corporation (klm, ) (Entered: 10/29/2004)
10/28/2004 5 Brief in Support re 4 MOTION and Petition to Enforce Arbitral Subpoena filed by Nokia Corporation. (klm, ) (Entered: 10/29/2004)
10/28/2004 6 Appendix re 4 MOTION to Enforce Arbitral Subpoena filed by Nokia Corporation. (klm, ) (Entered: 10/29/2004)
11/12/2004 7 MOTION to Assign Case to Court Presiding Over Related Case by Nokia Corporation (klm, ) (Entered: 11/15/2004)
11/17/2004 8 ANSWER to Petition to Enforce Arbitral Subpoena Pursuant to 9 USC 7 by Ericsson Inc.(klm, ) (Entered: 11/18/2004)
11/17/2004 9 CERTIFICATE OF INTERESTED PERSONS by Ericsson Inc. (klm, ) (Entered: 11/18/2004)
11/17/2004 10 RESPONSE to Motion re 4 Plaintiff's MOTION to Enforce Arbitral Subpoena filed by Ericsson Inc. (klm, ) (Entered: 11/18/2004)
11/17/2004 11 Brief in Support re 10 Defendant's Response to Plaintiff's Motion and Petition to Enforce Arbitral Subpoenas Pursuant to 9 USC 7 filed by Ericsson Inc. (klm, ) (Entered: 11/18/2004)
11/17/2004 12 Appendix re 11 Defendant's Response in Support of its Response to Plaintiff's Motion to Enforce Arbitral Subpoena Pursuant to 9 USC 7 filed by Ericsson Inc. (klm, ) (Entered: 11/18/2004)
11/30/2004 13 ORDER granting 7 Motion to Assign Case to Court Presiding Over Related Case. This case is assigned to Judge Lynn. (Signed by Judge Ed Kinkeade on 11/29/04) (klm, ) (Entered: 11/30/2004)
11/30/2004 Case Assigned to Judge Barbara M. G. Lynn. (see image 13) (klm, ) (Entered: 11/30/2004)
12/02/2004 14 REPLY Brief in Support of 4 MOTION to Enforce Arbitral Subpoena filed by Nokia Corporation. (nap, ) (Entered: 12/03/2004)
12/02/2004 15 REQUEST/MOTION for Expedited Hearing by Nokia Corporation (nap, ) (Entered: 12/03/2004)
12/02/2004 16 Appendix in Support re 14 REPLY Brief in Support of Motion filed by Nokia Corporation. (USC/Not imaged)(nap, ) (Entered: 12/03/2004)
12/08/2004 17 RESPONSE to 15 REQUEST/MOTION for Expedited Hearing filed by Ericsson Inc. (nap, ) (Entered: 12/09/2004)
12/10/2004 18 ORDER granting 15 Motion for Expedited Hearing on Motion to Enforce an Arbitral Subpoena. Motion Hearing set for 12/15/2004 02:00 PM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on Dec 10, 2004) (jyg, ) (Entered: 12/10/2004)
12/14/2004 19 Application and Order for Admission Pro Hac Vice by S Gardner Culpepper, III for Nokia Corporation. (Mailed copy of order to attorney) (Signed by Judge Barbara M. G. Lynn on 12/14/04) (nap, ) (Entered: 12/15/2004)
12/14/2004 20 Application and Order for Admission Pro Hac Vice by Patrick J Flinn for Nokia Corporation. (Mailed copy of order to attorney) (Signed by Judge Barbara M. G. Lynn on 12/14/04) (nap, ) (Entered: 12/16/2004)
12/15/2004 21 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Motion Hearing held on 12/15/04 re 4 Motion to Enforce Arbitral Subpoena filed by Nokia Corporation. The Court deferred ruling on Petitioner's Motion. No order to enter. (Court Reporter Sue Engledow.) (nap, ) (Entered: 12/16/2004)
12/17/2004 22 AMENDED Federal Disclosure Statement by Nokia Corporation. Amendment to 2 Cert. Of Interested Persons/Disclosure Statement. (jyg, ) (Entered: 12/21/2004)
12/20/2004 23 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Telephone Conference held on Petitioner's Motion to Enforce Arbitral Subpoena. The Court denied motion insofar as it requested the Court to require Ericsson to appear at an arbitration hearing on 12/22/04. The Court deferred ruling on Petitioner's Motion in all other respects. (Court Reporter Sue Engledow.) (jyg, ) (Entered: 12/23/2004)
12/20/2004 24 DECLARATION OF S. GARDNER CULPEPPER submitted in support of Request for Immediate Ruling on the Pending Petition and re 4 MOTION to Enforce Arbitral Subpoena by Nokia Corporation. (jyg, ) (Entered: 12/27/2004)
12/28/2004 25 TRANSCRIPT of Proceedings held on 12/15/04 Motion Hearing before Judge Lynn. Court Reporter: Sue Engledow. (usc) Not imaged (svc, ) (Entered: 12/30/2004)
AI
