InterDigital Inc (IDCC)

[Red Angus]

olddog--Your comment may well apply. I do note that conceivably 28 USC 1912 and 1927 could be involved, at least as leverage in negotiations.

28 USC 1912 provides that:

“Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs.”

Since these damages are tied to a party’s “delay” I’m wondering if such “delay” damages are limited to attorney fees and court costs. I don’t have very good access to following the 28 USC 1912 cases.

Also, 28 USC 1927 provides for personal assessment of costs, etc. against legal counsel who multiply legal proceedings.

It reads:

"Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct."

Hmmm. There’s no limitation re duplication of fees relating to the case if the same are also assessed the individual's client.

Does our case involve enough "delay" and multiplicity for these provisions to apply? And are we limited to just one such assessment? And are "delay"-related damages any different from others? (Please check out in next few minutes, okay? )

...At least they're a few things for us to consider arguing in the (unlikely?) event this case isn't settled.