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loophole73

03/07/05 3:45 PM

#97188 RE: Bill Dalglish #97187

Bill

See my post, http://www.investorshub.com/boards/read_msg.asp?message_id=5606138, for some of the reasons.

MO
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Clarence

03/07/05 3:48 PM

#97190 RE: Bill Dalglish #97187

Bill: IDCC admitted that what is at stake here for them is collateral estoppel. They lost 7 of 11 claims in the PSJ’s. If they remain reinstated, IDCC will be prevented from arguing the validity of those claims in subsequent proceedings with other litigants (MOT all over again).

NOK felt compelled to argue that this is not about collateral estoppel, because then they have to explain why they didn’t intervene earlier. That is why they said that the PSJ’s have a direct impact on their contractual obligations with IDCC. NOK says they aren’t looking to invalidate the patents, but that they trusted IDCC to play fairly with them. They claim that it was unfair because given the way the settlement was structured, the vacatur results in greater liability under the terms of the IDCC/NOK license.

Hope this helps.