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Re: Loop ...

By: Monterey200 in IDCC | Recommend this post (0)
Thu, 17 May 12 7:19 PM | 322 view(s)
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Msg. 45187 of 48237
(This msg. is a reply to 45186 by zzfan)

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Loop,
At the end of the oral arguments, Judge Newman requested the parties to submit a less-redacted version of their reply briefs. A few months after the revised reply briefs were submitted by all three parties, I decided to compare the original IDCC reply brief to the revised reply brief. I expected the paging of the revised reply bried to be the same with only some of the redactions removed. I found that the revised IDCC reply brief was different in its paging and some of its content than the orignal reply brief. I have to assume the NOK and the ITC reply briefs were different as well although I did not perform a comparison.

So now we have the oral arguments that were based upon the original briefs and a new set of briefs upon which the panel of judges did not hear any oral arguement. Is this normal procedure or does it add another level of confusion to the judicial process and in reaching a decision?




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Re: Loop ...
By: zzfan
in IDCC
Thu, 17 May 12 4:40 PM
Msg. 45186 of 48237

I learned many years ago that relying on perceptions of oral arguments is not a good gauge for predicting outcomes. This is why I asked a couple of patent lawyers to review the briefs and listen to the oral argument. They were excited about our chances back then, but they are confused as to the delay as we sit here today. It only seems logical that a company whose expertise is invention and patent prosecution is capable of selecting a few patent claims that can be found in the products of an infringing manufacturer. I remain confident that IDCC personnel and outside counsel have made their case. I have stated before that every lawyer involved in the investigation was surprised at the claims construction issued by the ALJ. If Nok was confident that their products did not infringe the patent claims in the 337 investigation, they would have filed a motion for summary determination regarding infringement and avoided the evidentiary hearing. It is also the reason that Nok included domestic industry in the appeal because they never expected to win on a no infringement finding. They had been in our labs for 3 years jointly developing 3g technology. They even licensed our patent portfolio for 3g under the famous contingent special. I wake up every morning hoping for a miracle that stops the bad faith dealing by Nok and allows me to save a little face with my family and buddies.

MO
loop


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