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osoesq

03/01/05 8:32 PM

#96558 RE: loophole73 #96554

Loop- Serious question. Why is the appeal being heard by the Circuit Court? I understand that the underlying issue deals with patent law, but, it seems as though the over-riding question is one of procedure and actually belongs in the 6th Circuit.

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Ghors

03/01/05 9:58 PM

#96566 RE: loophole73 #96554

Loop: I have always believed and argued that the Court erred in granted the permissive intervention, let alone the full intervention. I felt she no longer had jurisdiction to do so and will be reversed on this point.

Assuming the order of intervention is upheld, I also agree with you that the court should be overturned in its ruling unvacating the PSJ's. To me, in granting this motion of NOK she took away a potentially valuable property right from IDCC (right to appeal the decision on PSJ)and left them with no meaningful remedy to protect themselves or their IP.

For these reasons, I believe the appellate court will rule that she was wrong in granting the intervention and/or she erred in granting the NOK motion to unvacate.

To all: Unless it is expedited, I would expect the appellate decision in about six months.

IMO
Ghors

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laranger

03/02/05 7:52 AM

#96585 RE: loophole73 #96554

Loop/L2V.

Thank you both.

Regardless of the question, it all seems to get back to the same answer:

The panel's actions will be the deciding factor.

Makes you wonder if they have any idea how critical their decision is for IDCC.