Replies to post #310815 on InterDigital Inc (IDCC)

[magillagorilla]

Great post, thorough and explanative!

Magilla

[TooManyPets]

Thank you for your time and research! I hope you continue to be as prescient as you have been to date.

[nicmar]

NJ. Good post. Your average from the 10 listings is 49 days. It's been 30 days since the hearing so that would be an expectation of 3 weeks before a decision. We're within the lowest of 28 days or on the outside with the longest at 61 days so with 31 days left, a bit over 4 weeks... ... and then we'll either be at $25/$35 or $65/$75 within a day. mo .. nic

Before Rader took over from Michel in June of last year, I think it was extremely rare for precedential rulings to come out in less than 2 months. I think that is why some people think this will take longer. For example, here is a list of just a few precedential opinions since last August that have come out in less than 2 months.

2009-7110 - 59 days
2009-5122 - 60 days
2010-3030 - 54 days
2009-1538 - 60 days
2010-7007 - 61 days
2010-1028 - 49 days
2009-1428 - 28 days
2010-1059 - 36 days
2009-3292 - 46 days
2010-1138 - 34 days

[Gungrey]

Thanks again John for keeping us up-to-date on CAFC SOP.

[olddog967]

NukeJohn: re: Time Frame for the CAFC Ruling. I know you are of the belief that there will be a quick decision; however, I believe the examples you cited present a distorted, unrealistic picture. The cases you cited cover the various courts whose decisions can be appealed to the CAFC. These courts handle all kinds of cases. Among the decisions you listed are cases covering tax refunds, veterans affairs, civil service personnel actions, etc. These cases are usually a single issue case that can be readily decided. Only District Courts and the ITC handle patent infringement cases. Of all the cases you listed only two 2009-1538 (60 days) and 2010-1028 (49 days) were District Court patent infringement cases.

I did my own review of District Court and ITC related cases where the CAFC issued decisions since Jan 1. The following was the time from oral argument to decision;

District Court

2010-1035 119 days
2010-1117 123 days
2010-1025 79 days
2010-1110 77 days
2010-1057 118 days

ITC

There were no decisions issued this year on ITC cases. The last ITC case decion was issued on 12/21/2010 (2009-1460), 196 days after oral argument.


In regard to precedential vs non-precedential decisions, Of 13 decisions related to ITC cases over the past year, 10 were precedential and only 3 non-precedential.

As I have repeatedly posted you have to look behind statistics to evaluate their reasonableness.

You believe that there will be a fast non-precedential decision. I believe it will be a precedential decision issued after a minimum of 2-3 months and possibly longer. JMHO