News Focus
News Focus
icon url

loophole73

04/18/08 3:28 PM

#217027 RE: revlis #217022

Revlis

The IDCC attorneys should have stated that the acceptance of the investigation of IDCC's complaint against Nok by the ITC gives rise to a presumption of irreparable harm since the sole remedy is injunctive relief. It would be the burden of Nok to rebut the presumption of irreparable harm being inflicted on a daily basis by illegally placing their products into commerce in the USA.

MO
loop
icon url

frobinso

04/18/08 3:47 PM

#217032 RE: revlis #217022

Revlis, this hits the nail on the head that makes you wonder if we lost simply because our lawyers did not see fit to prepare and put up a case for irreparable harm. That's not vigorously enforcing our IP if they did not step up to bat and shout about all these things.

To me, if that's all that was put forward we need to consider the quality of our legal team, and that it was the very basis for which we could have won with the CCA.

I have never seen this type of comment before about our own representation, almost explaining our loss as being our own fault by not seeing fit to state a case for irreparable harm.
This should not be overlooked internally by IDCC, and they need bring in some new guns with a reply like this coming forward.