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revlis

04/09/08 2:00 PM

#215139 RE: mainelefty #215138

mainelefty,

I agree with everything you posted except what you did not say.

Do you consider interfering in the proceedings of the ITC a routine judgment? I could see her ruling that IDCC could not participate in the proceedings but compelling IDCC to file motion to stay and then to terminate I think can be questionable.

mo
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vtem01

04/09/08 2:15 PM

#215142 RE: mainelefty #215138

Mainelefty,

While your understanding about general rule applies, but Nok argued on that ground otherwise they will suffer irreparable harm; that premise is faulty bc they still have the right to appeal (as offered by our resident legal experts). On the other hand it is IRREPARABLE harm to IDCC if the ITC case didn't proceed. Without citing reasons which has to be balanced on both side, she made a one-sided ruling without a written opinion seems like we were trial before a communist court.
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frobinso

04/09/08 2:52 PM

#215149 RE: mainelefty #215138

Good post mainlefty, if there are any points that do lean it toward the bizarre side to me it's that she made the ruling from the bench and never explained her reasoning, which made it seem like a total write-off on her part instead of applying herself with the administration of justice that would be expected from her seat. She even joked that IDCC would be taking her ruling straight to the 2nd circuit for appeal.