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loophole73

08/06/05 10:35 AM

#122341 RE: IDoCare #122340

IDoCare

IDCC was faced with a choice of postponing the arbitration during the course of the appeal which was the objective of Nok from the onset or proceeding with the hopes that the appeal would be accomplished prior to the issuance of the final award. Therefore, they opted to go forward when Nok agreed to drop the direct patent challenge from the terms of reference. Delay is not good for IDCC and 2g and management decided to hold Nok's feet to the fire by pressing on despite of the sealing issue.

MO
loop
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Ghors

08/06/05 11:40 AM

#122345 RE: IDoCare #122340

IDOCARE: A court's ruling controls and is enforceable until it is "reversed". Therefore, NOK got to use the documents and information obtained during the appeal.

This is different than an ARB ruling which is generally not final and enforceable until it runs the appeal process.

Hope this helps you further understand LOOPs posts.

MO Ghors