my3
At one point I thought that Samsung could be in trouble at the Appeals level because I was certain that the ICC would do the right thing and pour out the Arbitration 3 application. The application was filed 10/2006 and remains alive and well on March 13, 2008. On must assume that Samsung has the very same arbitration agency that rendered the final award in Samsung II retracing its actions and questioning whether or not the dispute was resolved fairly and without overstepping the prior dispute resolution mandates and efforts they had already completed. My mood of pitying the Samsung lawyers because they must face the judges in the 2nd Circuit has shifted to envy because of the opportunity to argue the actions on the part of the ICC and their agents. I would have no fear in filing my brief right now and would proudly file same. In the event that the ICC finally pulls its head out with a unanimous denial of the Samsung III application, then I believe they will have to further amend their Form C and seriously consider requesting leave to dismiss their appeal. Until said event happens, I believe the probability is 100:1 full steam ahead on the part of Samsung and the brief will be filed.
MO
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