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Re: eagle-i13 post# 374552

Tuesday, 09/03/2013 7:59:18 PM

Tuesday, September 03, 2013 7:59:18 PM

Post# of 432690
eagle-i13: If you are referring to a monetary judgment the earliest one could be issued against Nokia for past infringement would be sometime after September 2014, when a jury trial is scheduled in one of the Delaware District Court cases.

In regard to the ITC cases, if a 337 violation is found, and there is no subsequent presidential (USTR) veto, an exclusion order can go into effect. However, if the normally used limited exclusion order is issued it only applies against the respondents i.e. Nokia. Therefore if the buyout goes through early next year it would no longer be effective. If instead of a limited exclusion order a general exclusion order is issued it covers all goods of the type found to be infringing, regardless of the goods’ source or importer i.e. Microsoft. However, a general exclusion order is only issued under certain specific circumstances.







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