Jim: New filings. Supplementing my earlier post which was somewhat based upon supposition, we now know IDCC seeks dismissal of ALL the new causes added to the case by NOK in its amended complaint. We know the grounds are as I previously posted, but we will not know why unless we see the brief which Olddog has said is sealed.
IDCC also seeks attorney's fees.
Now NOK will be allowed to respond. Then, the court will probably let us add our MSJ to the Motion to Dismiss, set a hearing date and decide whether to let the case go forward. In the mean time IDCC and NOK must continue discovery per the new scheduling order just to be ready for the Markman and trial if the court lets the case continue.
I now also anticipate, NOK will seek dismissal of our counterclaim on the same grounds.
IMO
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