corp
Your constant misrepresentation of the Ericy settlement breeds the disgust.
1. You know that Nok had the right to intervene in the Ericy case under the terms of their IDCC PLA.
2. You also know that IDCC gave Nok notice that they intended to settle with Ericy prior to the signing and entering of the documents.
3. You also know that the judge vacated the psj's prior to the parties filing the documents dismissing their respective claims with prejudice.
4. You further know that as of March 19, 2003, Ericy and IDCC sat in the same position they found themselves in 1993 save and except the addition of a licensor/licensee relationship.
5. You know that Nok sat on its contractual rights for several months post dismissal before the attempted intervention.
6. You know that all of the documents sought by Nok after the order of dismissal with prejudice were available to them for a mere filing fee prior to March 19, 2003.
7. You know that the judge performed an end run in order to reach her decision to the detriment of the parties.
8. IDCC and Ericy attorneys had every right to believe that Nok had no objection to the settlement because it failed to act on its rights.
9. You know that Nok waited past the plenary period before filing its intervention.
10. You also know that when pinned to the wall about prior notice of the settlement, Nok raised the lame duck excuse that it had not received the documents from IDCC until April of 2003.
11. It is clear from the record that Nok sat on its rights from the date they were established in 1999 within the confines of a contract with IDCC.
12. F&J and McKool had a right to rely on the law existing at the time they prepared and entered the documents into the case. The fact that the judge ran end run in order to attempt to create new law is not the fault of the attorneys.
13. Your characterization of their performance in rendering services to IDCC is blatantly unfair and misrepresented as if your written opinion is dogma.
For you ENOUGH proponents, I promise this is my last post regarding the proxy matters until the vote is counted.
MO
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