Playing field shifts according to my patent law friends. They believe that the ball hit the top of the fence and we have a stand up triple. Judge Newman called the pitch before on the corner and yelled strike three, but the other two umps reversed her call. The delay has been due to her dissent. Nok can appeal to the Sup Ct since it was a 2 to 1 decision. The majority opinion also allows Nok to retry its ramp up argument at the ITC. Bottom line, Nok has some more delay opportunities, but for the first time in almost two years they have problems. It appears that Nok must now argue that its system is hybrid CDMA from standards compliant which is contra to its representations to the operators and end users. This is why the new counsel for IDCC has requested the source codes from the infrastructure providers in the second 337 investigation.
This is a very positive turn of events and is the litigation win I have been wanting. While the court did not issue instructions, it still kept us very much alive. If Nok wants to reopen the evidence phase concerning their phone operatios, the new evidence regarding source codes can come into evidence which may be a stick thrown into the spokes of the pNokio bicycle.
Great day for IDCC.
MO
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