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Re: laranger post# 91755

Wednesday, 01/19/2005 12:28:51 PM

Wednesday, January 19, 2005 12:28:51 PM

Post# of 432922
Laranger--There really is nothing to read differently. I have summarized the status of the 4 cases, two pertain to the arbitration and two to the U.K. patent challenge. One each against Ericy and Ericy-Sony. You have to understand that there is a difference between discovery and an actual hearing. Because Nokia does not know what is in the documents that they are requesting, they filed the subpoenas for discovery. Discovery would give them an oppurtunity to review the documents before the hearing to know whether the documents would help or hurt their case. Nokia, of course, could go to a New York court to try to get a subpoena for the actual evidentiary hearing. But in that case, Nokia would not be taking discovery but would instead risk having those documents put in evidence. Because Ericy has a corporate office in Texas and Sony-Ericy has a corporate office in North Carolina and the law considers those places to be the location of corporate records, a question could arise whether a New York court would have the right to compel an arbitration document subpoeana against Ericy and Sony.



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