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Re: litton51 post# 59022

Thursday, 11/15/2012 10:34:22 AM

Thursday, November 15, 2012 10:34:22 AM

Post# of 60937
A court makes two determinations; a finding of fact and determinations of law. Finding of fact are generally not appeal-able; determinations of law are. So if the final ruling finds that, based on the facts T-Mobile took information it had regarding our patent and used them without paying us then they are screwed. The only way they can appeal that ruling is by claiming that the judge made a mistake in applying the law to the facts.

Also, the appellate court can only review the record. They cannot ask the judge why he did what he did. Therefore, a judge will do his or her best to explain ad nauseum why they did what they did. I am only speculating, but I think the judge realizes what is likely to happen given the facts of this case and wants to ensure any ruling he ultimately makes will not be overturned in appeal. No judge likes to be told they were wrong.

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