Whizzeresq
Yes, the case can be distinguished. First of all, we must remember that Hesha conducted a mediation ordered By Judge Sanders. Shortly after the sessions, IDCC and Ericy reported to the court that they believed the case could be settled and completed via a series of psj motions. Both parties filed said motions and ultimately the case was settled. Both parties later desired to vacate any resulting interlocutory orders resulting from their issue narrowing motions. E/SNE desired the vacatur as much as IDCC. We do not have all of the facts surrounding the removal of Judge Sanders, but Judge Lynn took over the file. She was not present during the court ordered mediation period and the continuity in the overall case disposal scheme was lost in the transfer.
The Circuit will make a final decision with respect to these interlocutory orders and if they decide that the matters are not strong enough to support collateral estoppel claims from third parties, I believe that they will put the parties back to status quo with the orders vacated with respect to the claims construction and psj's. This case never reached a final judgment because Ericy and IDCC dismissed their actions against each other. The parties stood in the same position on March 17, 2003 as they did the day before the suits were filed in 1993 save and except two license agreements. It will be interesting how the Circuit Court rules under this fact scenario.
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