Gio
This is the crux of the problem. Judge Batts has overridden the prior ruling of the ALJ that denied Nok's motion for a stay and arbitration. The same issues that will be presented in the arbitration have already been pled as an affirmative defense in the ITC action and Nok can offer all of the evidence it would present to an arbitration panel during the ITC evidentiary hearing. The ALJ merely ruled that Nok had waived its rights, if any, to arbitration. The ALJ did not knock out Nok's claim to a license of the patents involved under the 1999 TDD Developement Agreement. Nok has not lost any rights to have its affirmative heard and ruled upon by the ALJ. If Judge Batts had recognized the ruling of Judge Luchern, the evidentiary hearing would be starting this Monday and the evidence of license or no license status would be taken next week.
MO
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