"took away a potentially valuable property right from IDCC (right to appeal the decision on PSJ)and left them with no meaningful remedy to protect themselves or their IP" - this is a truly facinating discussion tonight!
Ghors, you may be disregarding the concept of "forfeit" by IDCC of the right to appeal (i.e. not a right that was taken away from IDCC).
The Supreme Court, the Bancorp decision, Nok, and Judge Lynn all suggest that IDCC forfeited its right to appeal the PSJs by choosing to settle instead of appealing the adverse PSJs, and then IDCC proactively chose not to make the settlement directly dependent on the Court's action to vacate the PSJs.
According to Bancorp, by IDCC merely requesting the court to vacate, rather than linking the settlement to the vacatur, IDCC CHOSE to make the vacatur incidental, and not integral, to the settlement.
According to Judge Lynn et. al., IDCC proactively left the door open to reinstatement of the previsouly vacated PSJs by their own actions i.e. forfeit. That was an unfortunate and perhaps negligent error by IDCC and F&J IMO. So it seems this may not be a slam dunk reversal of the reinstatement IMO.
However, I do agree with you that the odds seem fairly good of reversing Nok's intervention, in which case the reinstatement must also be logically reversed, even without reviewing the merits of Nok's motion to reinstate in light of Bancorp.
In the worst case, Nok prevails on both key issues on appeal i.e. intervention and reinstatement, which is a realistic possibility.
I will put IDCC's odds of success on this appeal at 50/50 of having the adverse PSJs re-vacated one way or another. These odds are up significantly from the base odds of ~10% for all appeals.
Still, even with a 50% chance of success of reversing the reinstatement, I am livid at our management and F&J for giving us this costly risk to our key assets, when it could have been EASILY avoided altogether, simply by effecting the vacatur and settlement in such a way as to make the vacatur permanent and not subject to reinstatement.
And this is only one of many very significant and costly key mistakes attributable to our current management team in dealing with Nok.
MO,
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