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Re: Corp_Buyer post# 96497

Tuesday, 03/01/2005 12:56:40 PM

Tuesday, March 01, 2005 12:56:40 PM

Post# of 436089
Corp_Buyer--I don't think you got the gist of my post. If the partial summary judgment is allowed to stand, Nokia can only use it in this country if the doctrine of collateral estoppel is applied. It is not at all clear that it will apply to the circumstances of this case. As I recall, back in 1999, Judge Barefoot Sanders refused to apply collateral estoppel in favor of Ericy when it tried to use the Motorola precedent against IDCC in the Ericy lawsuit. Also, since the case is before the Federal Circuit, the Bancorp case is not binding precedent unless it was a Supreme Court case. If you have the citation to Bancorp, I will take a look at it.
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