frobinso: That comment was from Teecee:
Posted by: dndodd
In reply to: None
Date:3/20/2008 8:28:16 PM
Post #of 215171
hello out there
By: teecee in IDCC | Recommend this post (0)
Thu, 20 Mar 08 8:22 PM
Boardmark this board | InterDigital Communications Msg. 25442 of 25443
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i see my former friend ssalner spread the good cheer....the judge decided that nokia was "not untimely" in their request for arbitration at the itc...and that they have the right to arbitrate the tdd clause of their contract...and that idc is enjoined at the itc [for nokia case only] starting 4/11..let me just start by saying that the judge is a gay[only federal judge who is openly gay] black and female...and she knew nothing about anything here...she didnt want any part of the case...and knew nothing of the technology nor the underlying contracts...and only had a vague notion that these parties had been fueding for a while...her rational was that if she sided w/ idc...she was effectively making the decision of the arbitrator and she didnt want to be put in that spot...she was only concerned about the timeline of the arb request at the itc....and the nokia lawyer argued that the timeline was sufficiently short that arbitration should have been granted...nok argued that they only were put on notice of patent infringement in 9/07...idc started that nokia had even anticipated infringement in its 12/06 pleadings in the delaware case...judge was mainly concerned w/ the timing at the itc...not knowing the history of the relationship really hurt her in understanding nokia's more sinister motives behind arbitration......all in all....nokias lawyer did what he had to ...out lawyers couldnt convince the judge otherwise....she made very little effort to understand the technology or the issues...was testy all day...and i mean all day...10.30-5...and we lost a round...she even joked that idc we be "going upstairs" to the second circuit for appeal....it is not that big a deal....i spoke w/ larry shea afterwards...and he was great...let me have a drink and ill post more later.
Mschere, not sure whether I heard that from Teecee or the follow-up comments from the other fella who stayed around to hear the ruling, or from reading the transcript that was copied that many of us poured over during that following weekend. I read every post that day and most of the transcript so while I am creative, I don't think I am embellishing the story.
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