Replies to post #96522 on InterDigital Inc (IDCC)

[Corp_Buyer]

"The Federal Circuit on this appeal will decide, then, whether Bancorp should apply to vacating interim rulings where a settlement is reached prior to a federal district court actually entering a final judgment" - exactly, and this distinction, interlocutory ruling vs. final judgment, is one of reasons many folks were so surprised that Judge Lynn followed Bancorp and ruled to reinstate the PSJs.

Fortunately, in her ruling, Judge Lynn explicitly stated that her ruling to reinstate was based on the intervention, so if Nok's intervention fails on appeal, then the reinstatement of the PSJs must also logically be reversed, and I hope it goes this way so we can avoid the issue if Bancorp and its application to these PSJs altogether.

I would very much like to read the IDCC appeal brief, since it may reveal something new from IDCC about the potential damages to IDCC from the Court's reinstatement of the PSJs.

How might IDCC's appeal brief be made available?

TIA,
Corp_Buyer

[loophole73]

Whizzeresq

Yes, the case can be distinguished. First of all, we must remember that Hesha conducted a mediation ordered By Judge Sanders. Shortly after the sessions, IDCC and Ericy reported to the court that they believed the case could be settled and completed via a series of psj motions. Both parties filed said motions and ultimately the case was settled. Both parties later desired to vacate any resulting interlocutory orders resulting from their issue narrowing motions. E/SNE desired the vacatur as much as IDCC. We do not have all of the facts surrounding the removal of Judge Sanders, but Judge Lynn took over the file. She was not present during the court ordered mediation period and the continuity in the overall case disposal scheme was lost in the transfer.

The Circuit will make a final decision with respect to these interlocutory orders and if they decide that the matters are not strong enough to support collateral estoppel claims from third parties, I believe that they will put the parties back to status quo with the orders vacated with respect to the claims construction and psj's. This case never reached a final judgment because Ericy and IDCC dismissed their actions against each other. The parties stood in the same position on March 17, 2003 as they did the day before the suits were filed in 1993 save and except two license agreements. It will be interesting how the Circuit Court rules under this fact scenario.

MO
loop