nice post by carrera:
Re: Carrera
by: carrera_from_avn (M/LA) 01/11/06 08:39 am
Msg: 853224 of 853248
Nuke,
In my view, Payne has little room left.
First, there exists a very strong argument he does not have jurisdiction. I think those of us who are experienced with Payne understand that he recognizes this by virtue of the additional briefing and hearings he is entertaining as opposed to having denied this argument out of hand when it was raised.
Second, in light of Whyte's ruling, I do not believe Samsung can establish all of the elements necessary to prevail in a Sec 285 case. A sitting federal judge on a more comnplete record, as well as the FTC Chief ALJ following a 51 day trial, have now both ruled RMBS did not commit any spoliation of any significance. As a result, viewing RMBS' conduct in the Samsung case objectively, it is easily established that RMBS acted reasonably when asserting its cross-claim.
Third, it doesn't matter. Assuming Payne awards attorney's fees to Samsung (which is all he can do - remember he cannot do anything regarding patent enforcement), and assuming he issues findings of fact adverse to RMBS in doing so, in light of Whyte's ruling as well as the ALJ's 1000s of findings of fact, there now exists too many proceedings on too many records to give collateral estoppel to one and ignore the others. Thus, and especially considering this would be brought before Whyte now anyway in the Samsung proceeding still remaining before him, the remainder of Virginia is a tempest in a teapot.
Walk through the hypothetical - Samsung says to Whyte "give Payne's ruling collateral estoppel effect against RMBS." Whyte replies, "Counsel, I have already considered that question. What was presented in the proceeding before Payne that was not before me?" Samsung would have to honestly reply, "Nothing Your Honor. Indeed in light of Payne's evidentiary rulings, far less was presented to him by his own choice." Whyte would conclude: "As I thought - move on Mr. Healy."
As always, I reserve the right to change my mind and change it often. Good luck.
Carrera
