Ranger
The Judge vacated the vacating order because she believed that she was wrong in her interpretation of the law at the time she signed the first vacating order. IDCC and Ericy believe she is wrong in her interpretation. It will be up to the Circuit Court to determine whether she is right or wrong. The court will review the documents in the case and counsel will also present a background, overview with respect to the statement of their case. This case will be interesting because it will pit the settlement at all costs to clear the docket camp against the let the parties have their day in court camp. Clearly, affirming the actions of Judge Lynn will encourage the Monday morning quarterback potential defendants to lay in the cut, reinstate vacated interlocutory orders and attempt to use same for their benefit in another matter down the road. I still have a hard time with the intervention after both parties have withdrawn their claims against each other and the case does not exist. I do not believe that this is the intent of the law, but then again intent seems to change with the wind these days. Ole stupid loop did not believe that Nok had the power to prosecute or intervene in a patent validity action outside of the IDCC license either until he discovered it in a UK action and 3g action by Nok. You cannot assume anything when dealing with the survival documents signed by IDCC. Hopefully, the Tribunal will end the survival game once and for all and IDCC can demand the consistency that Qcom enjoys when dealing with its licensees.
MO
loop
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