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Sunday, February 19, 2006 1:21:31 PM
http://wirelessledger.com/315_Memo.pdf
Nokia stalled QCOM for 7 months by failing to provide information concerning complaints that, among other things, QCOM has stymied Nokia's attempts to license it's IPR. (This is also alleged in its Lanham Act complaints against IDCC, which is why we should watch it closely).
When challenged by QCOM to come up with evidence, Nokia tried to withdraw two of its four complaints by filing with a second judge. But this judge didn't fall for Nokia's end run and denied the motion. QCOM is now requesting sanctions from the trial judge, but they are far short of what is needed.
Nokia not only failed to comply with the original discovery order, it failed to comply with a second order, when QCOM and the judge gave them a second chance to do so.
Since the strings are ultimately pulled by the client, the San Diego judge would do well to sanction not only Nokia, but its attorneys as well, and throw in a few fines for good measure.
Given all the talk earlier about ethics, lawyers, and crooked clients, we don't have to go far to find the worst examples.
Are the courts getting used to such tactics? If they're not, why are Nokia's high-paid gunslingers allowed to make another late filing in the Delaware case, with little more than a passing comment by the defendant, IDCC?
MO.
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