Wednesday, February 15, 2006 10:38:08 PM
obviously, the parties don't agree as to the need for a conference or key dates. But that is really not the issue at this point.
Neither party's proposed schedule shows a resolution to this case before late 2007 or 2008. In the meantime, IDCC maintains the status quo - i.e., their patent portfolio and claims of essentiality remain intact. That is good for us.
None of the legal eagles on the board really believe this Lanham Act suit will actually go to trial. I don't either.
Even though we don't like the tone of the filing, today's proposed scheduling order really has no significant effect on anything. There could still be settlement negotiations going on for all we know. Or things could have ground to a halt.
If the latter is the case, I personally hope IDCC will take the gloves off and use the same legal tactics displayed by QCOM in their BREW suit with NOK. But if there are still negotiations going on, we need to let IDCC do what is best. Don't just assume that we are total wimps because of the PACER filings you see.
It is obvious that NOK will use every legal tactic they can come up with right up until the moment that a settlement is reached (if ever). Meanwhile, IDCC is making it clear to the court the burden this case represents to the court system if this does go to trial. The court really doesn't want to go through a couple years of depositions, motions, hearings, etc.
In the meantime, if a licensing agreement is reached with a trigger company for 3G, NOK will be back before the ICC. IDCC is on very solid ground there. They have continued to act professionally and that will count for much in that forum.
Hang in there. It is not as bad as it seems. I, too, had a negative emotional reaction to the scheduling order at first. But after thinking about it, I realized this is just another tactic from the lawyers involved in the case.
i_q
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