InterDigital Inc (IDCC)

[whizzeresq]

Jaykayjones--There are two issues involved in a NY court issuing subpoenas to Ericy or Sony-Ericy. For purposes of Federal subpoena law, are Ericy or Sony-Ericy found in the district? Remember, the power to subpoena documents from a non-party witness is limited. It could very well be that neither Ericy or Sony-Ericy would be within the subpoena power of a NY court for the documents. Also, there is a big difference between discovery and a trial. Nokia might very well not want to risk issuing a subpoena to Ericy or Sony-Ericy. Think of this as an example. You represent a driver who says he stopped at the stop sign and the other driver drove through the stop sign. There is one witness and the other driver says the direct opposite of your client. If the witness refused to talk to you, you might want to depose him, but your probably wouldn't take the risk of just serving a subpoena on him to testify at trial, since, there would be the risk of him testifying directly contrary to your client.