To all: Confusion and recap: Here's a short summary for new posters and those who might be confused.
DELAWARE CASE
1. NOK sued IDCC in a Delaware Federal Court seeking a Declaratory Judgment of non infringement of several of our 3g patents, and/ or to declare the patents invalid, and for violations of Lanham Act.
Essentially, the Lanham Act violations were (very general here) that they lost sales because some customers wouldn't buy their products for fear of being sued by IDCC. If I recall they said we were'nt being honest with our claims that we have essential 3g patents and claiming that they had to pay us. If you want exact language go back and reread their lawsuit. If you don't have it, I'm sure OLDdog will post it if you ask him nicely.
2. IDCC countered this lawsuit with a motion to dismiss the case. After, many months the Court recently dismissed on NOK's patent allegations of infringement and validity. The Court retained the Lanham Act allegations of NOK and said this was a matter for a jury to decide. (OLDDOG will also post this if asked nicely with sugar on it.)
3. The court, including extensions, then granted IDCC time to file their answer to the NOK Lanham Acts claims until tomorrow.
We filed our answer today. BTW, lawyers file answer early all the time. Tomorrow was the deadline. Why wait if it is done?
4. In the answer filed today we denied all allegations of wrongdoing. We plead that their case is barred by Laches (they waited to long to sue) and waiver. (I'm not sure where waiver comes from based upon what I read unless we claim it is implied in our 3g license not yet triggered)
5. IDCC could have filed a counterclaim for damages from NOK, but chose not to.
ARBITRATION WITH NOK
1. We won lots of money from NOK in arbitration. NOK appealed to the South District Of New York (SDNY). The court held a hearing and on December 28, 2005, the Judge in the SDNI court affirmed the award.
2. NOK had 30 days from my and mschere's birthday to file a Notice of Appeal. They did this today.
COMPLEX CASE DOCKET
This is a docket which allows lots of time to develope the case. Hence it will require many depositions, millions of documents, etc, etc. If accepted the court is recognizing that this case will take longer than usual and will allow a more liberal and longer discovery period.
IMO Ghors
AI
