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whizzeresq

08/06/05 6:21 PM

#122385 RE: IDoCare #122382

IDoCare--you asked:

"What if Nok did use them [sealed documents] for other matters, ie: some of the other litigations against IDCC? There were some comments on this board that maybe some of these litigations would be withdrawn due to Judge Lynn's reversal, and I was hoping that would be real possibility, but your response suggests otherwise. TIA"

Judge Lynn's order removed the seal for a limited purposed, i.e. use in the arbitration. Any other use would be prohibited and subject to sanctions. I do not believe that we have seen the scope of the order, but it could very well have required Nokia only to use and copy documents for the arbitration and that they be destroyed after the arbitration. Judge Lynn's order did not permit them to be used in any other action. They may be used in the UK 2G patent action by virtue of agreements signed by IDCC, Ericy/SonyEricy and Nokia in connection with the UK 2G discovery sought by Nokia in the US. I do not believe that Nokia could use any sealed documents in the Deleware 3G action without further order of court.