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Re: osoesq post# 96602

Wednesday, 03/02/2005 9:59:35 AM

Wednesday, March 02, 2005 9:59:35 AM

Post# of 436086
oso, like your description. Good summary of the situation in the time frame from just before Ericsson and InterDigital settled until Nokia launched their temper tantrum campaign in the courts after they settled. Judge Lynn had things pretty much in order before Nokia sent a wild bunch into her court with guns blazing.

Gonna give you a layman's perspective of what happened next since I'm not a lawyer. My take is that what Judge Lynn decided to do with Nokia's too late motion to intervene had a lot more to do with subjective judgment than a strict reading of the law. IMO her alternatives were to either deny Nokia's motion and watch them appeal her decision, or to allow the motion and retain control. Simple as that IMO, and she took the control road.

If she sent Nokia into an appeals process in opposition to her ruling to grant their intervention on the vacated litigation it could open up all kinds of nasty possibilities. On the other hand, by granting Nokia's motion she was able to effectively retain control over that wild bunch and to shunt them off onto a side track while the more rational folks from IDCC and Ericsson appealed her ruling.

I think Judge Lynn was brilliant given the circumstances. She threw a blanket over the wild bunch from Nokia and rendered their purpose moot for at least a year while the IDCC/Ericsson appeal process AND the Nokia vs InterDigital 2G arbitration proceeded. Let's consider the timing on those two procedures.

Betting that Nokia ain't gonna care much about what happened in Ericsson vs InterDigital after the ICC arbitration court delivers THEIR rulings in the next few weeks. Nokia is gonna have some other tipping dominoes to worry about at that point, i.e., SONY/Ericsson and Ericsson triggering Nokia's 3G license.

Sitting over here in the IDCC peanut gallery this layman's call on Judge Lynn's granting of Nokia's motion to intervene with certain restrictions attached is "no harm/no foul". Nice work up there on the Federal bench.




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