Replies to post #174511 on InterDigital Inc (IDCC)

[olddog967]

Desert dweller: According to the FRCP it appears that the normal practice is to allow a party to amend their complaint.

Rule 15. Amended and Supplemental Pleadings

(a) Amendments.

A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

sjratty, what is your opinion about Nokia's chances of being able to amend the complaint?

[Ghors]

Desert: The court, once it grants leave to amend, can only grant summary judgment on the issues presented to it. The only issue presented thus far, by summary judgment, is the Lanham Act claim. Thus, we can only have a Partial Summary Judgment.

What we are going to see next of real import is the court's decision on whether or not to open up the discovery time limits past 2/15 to give NOK a chance to pursue all it's new claims or keep them on a tight schedule. I'm thinking he is going to allow the amendment, deny leave to file the summary judgment (right now), grant additional discovery for four months (May 1) and then allow IDCC to file MSJ on ALL claims. He can do this without messing up his time schedule as a pre trial is not even scheduled until Nov with MSJ's and Markman's in Aug.

On the other hand, if he allows summary judgment to be filed on Lanham, he will still allow additional discovery on the other claims and then allow a second MSJ later on those remaining claims. It's just a question on whether or not he wants to do the MSJs piecemeal or not.

IMO

G Hors