Replies to post #170767 on InterDigital Inc (IDCC)

[olddog967]

mschere: Since you didn't get an explanation from a lawyer regarding your question what Samsung would have to do to file an appeal, here are some of the key Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Appellate Procedure (FRAP) that I believe apply. Besides these rules, there are other rules covering filing times and types of filings.

FRCP 62(d) Stay Upon Appeal.
When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.



FRAP Rule 5(d) Grant of Permission; Fees; Cost Bond; Filing the Record.

...(1) Within 10 days after the entry of the order granting permission to appeal, the appellant must:
.......(A) pay the district clerk all required fees; and
.......(B) file a cost bond if required under Rule 7.



FRAP Rule 7. Bond for Costs on Appeal in a Civil Case

In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a bond given under this rule.


FRAP Rule 8. Stay or Injunction Pending Appeal

...(a) Motion for Stay.
.......(1) Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:
............(A) a stay of the judgment or order of a district court pending appeal;
............(B) approval of a supersedeas bond; or
............(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.

........(2) Motion in the Court of Appeals; Conditions on Relief. A motion for the relief mentioned in Rule 8(a)(1) may be made to the court of appeals or to one of its judges.
............(A) The motion must:
...............(i) show that moving first in the district court would be impracticable; or
................(ii) state that, a motion having been made, the district court denied the
motion or failed to afford the relief requested and state any reasons given by the district court for its action.


In regard to the amount of the bond, an article I reviewed stated that "Federal courts long have recognized that the amount of supersedeas bonds is discretionary with the court and have developed a variety of means to reduce, substitute for or dispense with them.(14) Former Rule of Civil Procedure 73(d) explicitly recognized the power of a district court to fix a bond amount less than the full amount of damages. Today Rule 62(d) and Appellate Rule 8 generally are interpreted to maintain that discretionary power.(15)"


While collection of the award would be stayed pending the appeal, if the appeal is unsuccessful, and Samsung still does not pay here is what the rules say about property seizure which was mentioned during the conference call.

FRCP Rule 64. Seizure of Person or Property
At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought, subject to the following qualifications: (1) any existing statute of the United States governs to the extent to which it is applicable; (2) the action in which any of the foregoing remedies is used shall be commenced and prosecuted or, if removed from a state court, shall be prosecuted after removal, pursuant to these rules. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated and regardless of whether by state procedure the remedy is ancillary to an action or must be obtained by an independent action.



Federal Rules of Civil Procedure

http://www.law.cornell.edu/rules/frcp/index.html

Federal Rules of Appellate Procedure

http://www.ca2.uscourts.gov/Rules.htm


Question..Assuming IDCC is granted a Final Judgement award for some $200 Million..what are Samsung's requirements in order to proceed with an Appeal, such as posting a bond , interest etc

[olddog967]

mschere: In regard to your questions about sanctions, that subject is covered by FRCP 11. It is my understanding that sanctions are applied against the attorney involved not against the client e.g. Samsung.

Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature.

Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party.

(b) Representations to Court.

By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions.

If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.

(d) Inapplicability to Discovery.

Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.


Assuming IDCC requests sanctions and they are granted ..what form does that take? TIA