FRCP Rule 57.................. The Court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
In consideration of the foregoing, doesn't it seem quite possible that IDCC might wish to get its laundry washed as quickly as possible and may well answer with cogent responses which will allow the case to get to Court ASAP? It would seem that both IDCC and NOK would have all of the discovery materials which they need as a result of Judge Lynn's vacatur of her vacatur. IDCC really doesn't have any reason to file a counterclaim, as the patent validity is a black or white question. Perhaps this case could move along, very fast.
Given the fact that the Bush budget doesn't have allowance for paying civil juries, the courts are looking for non-jury matters to dispose of.