Replies to post #216815 on InterDigital Inc (IDCC)

[sloane6]

There is alot of information that none of us have.
What was given to the alj regarding the settlement conference. What was in the staff report. How close is anybody to agreement on any patents. Why did NOK insist upon the cpupling with sam a few months ago. How will the London court affect NOK and IDCC?

[ellismd]

I think the one factor that has many of us worried and has been loosely mentioned before on the board is it seems that Nok has some well connected people on their legal team when it comes to SDNY courts.

[whizzeresq]

Loop--I get most of the points that you are making but I honestly don't understand why you think the ALJ must deny IDCC's Motion to Stay and would then enter an Order of Dismissal of the Complaint in order to protect the integrity of his ruling on the arbitration matter. Were he to dismiss the complaint, his ruling on arbitration would become a nullity. IDCC will simply state that it moves for the stay as a result of the order Judge Batts and that it is prohibited in participating in the investigation of its complaint against Nokia. Although the ALJ could nevertheless order the ITC investigation to go forward, the ITC's factfinding would be severely impacted by IDCC's inability to participate. As a result, it would be in the interests of the ITC to stay the case per Judge Batts's order to IDCC. The ALJ could deny it and then have the staff carry the ball for IDCC's complaint. And then IDCC would have to file the Motion to Dismiss, but why would he then dismiss it if he doesn't allow the stay? Under the ITC rules, a party cannot just simply dismiss its case once the commission votes for an investigation. Any dismissal actually requires a vote of the full Commission after a ruling by the ALJ. If anything, the ALJ and Commission both might rule against such a dismissal in order to preserve the integrity of its functioning in case other federal judges were to interfere by entering orders trying to force complainants to dismiss their complaints. Again, in that case, the staff would have to carry the ball.

[warbil]

Loop,

I understand what you are saying but for some odd reason, I don't think IDCC will win their case based on the past record in the SDNY. Even if IDCC wins the appeal, it will only go back to Batts. Do you have any confidence in anything she would do? I sure don't. She didn't get her appointment to the bench because of her intelligence. She is a political appointee (hack) and that is a damn shame.

Nokia will end up in arbitration so lets cut our losses there, sever the tie to Samsung and save ourselves sixty to ninety days in the process with Samsung. I also don't believe IDCC will see any expedited process in this proceeding. The legal system doesn't expedite anything unless there is a direct benefit to the system.

Let me ask you this. Do you agree that there will be no meaningful negotiations with Nokia or Samsung until one of them is on the courthouse steps again? I think we have a better chance to come to terms with Nokia once we win with Samsung.

I will make a bet with you too. Nokia's next argument will be to stay the Samsung ITC case until it's arbitration case is over otherwise they will be suffer irreparable harm from the possibility of Judge Luchern deciding their fate prematurely. Our legal system has holes the size of the Grand Canyon for crooks to take advantage of.