osoesq
The intervention issue would be the subject matter for the 5th Circuit, but the vacatur of psj's issue involving patent claims should be addressed by the Circuit. IDCC and Ericy opted to forego the appeals process in order to settle their differences and drop their respective lawsuits. Yet, they both agreed that the Markman and psj's should be vacated in order to completely wipe out any necessity for appeals. Suddenly after the case has long been dismissed, Nok appears for intervention. They could have done so at anytime before the dismissal, but chose to wait for a long enough period to expire precluding IDCC from appealing the Sanders' rulings. Common sense should dictate that Nok be excluded from such actions and we shall see how the Court treats these issues. This case needs to set some sort of patent procedural matters to establish the rights of parties litigating over essential patent claims set forth in global standards. Does the patent holder have to sue all of the OEM's at the same time or can they pick one at a time. What can the one's waiting do in case they want to expedite and intervene? If they can intervene, what is the latest date for doing so? The Circuit Court is the most logical to hear these matters and issue rulings.
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