Replies to post #118115 on InterDigital Inc (IDCC)

[Ghors]

Olddog: I haven't read the Pacer documents and don't know what they are. With that hedge, if they were faxed on the 1st then the time begins to run on the 1st.

IMO Ghors

[Ghors]

Olddog: I've read the filings now. Thanks Jim.

It appears that we electronically filed the New York lawsuit on July 1 and electronically served NOK and their counsel. Hence, time limits run from July 1.

IDCC also attached redacted copies of the agreements with the original filing. Then on July 7, they filed a motion to file unredacted copies under seal. The theory for sealing the documents is that the documents contain highly confidential commercial secrets that should not be made available to the public. These were also served electronically.

Once the NY court confirms the award and it is final, IDCC will then use all means available under the laws of NY and federal statutes to enforce the judgment. I believe you and others have adequately posted the means to enforce judgments upon foreign corporations with substantial assets in the U.S. I have no doubt that we can ollect on this judgment and once final, it will not take long.

IMO Ghors

[whizzeresq]

Olddog-- You cannot assume the following:

"According to the Certificate of service The documents were sent on the 1st to Nokia by Express Mail and Fax, and to their counsel by guaranteed hand delivery and electronic transmission. It looks like the 1st should be the date of service."

There are niceties under the federal rules relating to service by fax. Because an action to confirm an arbitration award is, in effect, the commencement of an action against a party, I am not certain that a fax transmission is good service. Usually, the parties must consent to service by fax unless a local court rule holds otherwise. Perhaps the agreement between IDCC and Nokia permits service by fax, but we do not know. Also, when an item is mailed, three additional days are added to the response. Therefore, if you pick July 1 as the date the papers were mailed by IDCC to Nokia, the 10th business day is July 18. If you add 3 days to the 18th, you end up with July 21 as the deadline. Instead, I picked the first business day after the July 4th holiday, which was July 5, as the service date from which the ten day period runs and thereby stated July 19 would be the due date.