Replies to post #124656 on InterDigital Inc (IDCC)

[mschere]

IMO:The Declaration of Nathan Walker, Esq. and his exhibits including Arbitration waivers and stipulations proffered by both sides..will void much, if not all of Nokia's Legal Authorities..Nokia had superb Legal representation during the Arbitral process..and it brought them naught!

http://wirelessledger.com/40-1_Main_Document.pdf



mschere: While IDCC's filing cited three Supreme Court decision, Nokia's only cited two, so I guess we are ahead in that respect (LOL). What I found more interesting was that in Nokia's filing, of the of the twenty six case citations, nine were from NY state courts, and only 13 from the Federal SDNY and 2d Circuit. This apparently was related to their emphasis on NY law being applicable. On the other hand, for IDCC out of twenty two citations, seventeen were from SDNY and 2d Circuit, with only one NY case cited. Another interesting point was that of all the cases cited, four were cited by both parties.

[mschere]

A review of the 2 Supreme Court Cases cited by Nokia.. They are in no way applicable to the facts of this Arbitration Dispute to Vacate or Modify..


U.S. Supreme Court
VOLT INFO. SCIENCES v. LELAND STANFORD JR. U., 489 U.S. 468 (1989)
489 U.S. 468
VOLT INFORMATION SCIENCES, INC. v. BOARD OF TRUSTEES OF LELAND STANFORD
JUNIOR UNIVERSITY
APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT
No. 87-1318.

Argued November 30, 1988
Decided March 6, 1989

First Options of Chicago, Inc. v. Kaplan (94-560), 514 U.S. 938 (1995).



SUPREME COURT OF THE UNITED STATES




FIRST OPTIONS OF CHICAGO, INC., PETITIONER v. MANUEL KAPLAN, et ux. and MK INVESTMENTS, INC.
on writ of certiorari to the united states court of appeals for the third circuit
[May 22, 1995]

Justice Breyer delivered the opinion of the Court.





mschere: While IDCC's filing cited three Supreme Court decision, Nokia's only cited two, so I guess we are ahead in that respect (LOL). What I found more interesting was that in Nokia's filing, of the of the twenty six case citations, nine were from NY state courts, and only 13 from the Federal SDNY and 2d Circuit. This apparently was related to their emphasis on NY law being applicable. On the other hand, for IDCC out of twenty two citations, seventeen were from SDNY and 2d Circuit, with only one NY case cited. Another interesting point was that of all the cases cited, four were cited by both parties.


IMO:While IDCC filed "24 blank pages"..Their Table of Authorities included THREE U.S.Supreme Court Decisions which are APPLICABLE to the issue before the Court..This will not go unnoticed by those who have Significant Investments in IDCC or are contemplating initiating a new position..It certainly will be understood by those Analysts that have been sitting on the sidelines..I actually felt Misco would have sufficed..