Free Objections - District Court of Delaware - Delaware

Case 1:05-cv-00016-JJF

Document 98

Filed 12/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOKIA CORPORATION and NOKIA INC., Plaintiffs, v. C.A. No. 05-16-JJF INTERDIGITAL COMMUNICATIONS CORPORATION and INTERDIGITAL TECHNOLOGY CORPORATION, Defendants.

PLAINTIFFS' OBJECTIONS TO THE DECEMBER 1, 2006 DECISION OF THE SPECIAL MASTER Pursuant to Federal Rule of Civil Procedure 53(g), Nokia Corporation and Nokia Inc. (collectively "Nokia") hereby files these Objections to the Decision of Special Master Seitz issued on December 1, 2006. As fully set forth in Nokia's Brief in Support, filed contemporaneously herewith, the Special Master erred, and his Decision should be vacated, because the Decision (i) enters a partial stay of discovery without a balancing of the equities that must be considered under the law of this Circuit; and (ii) declares as subject to arbitration Nokia's right to seek discovery and examine witnesses regarding documents produced in this case. Accordingly, for the reasons set forth in Nokia's Brief in Support, the Special Master erred in staying discovery in this case, and his Decision should be vacated.

Case 1:05-cv-00016-JJF

Document 98

Filed 12/21/2006

Page 2 of 3

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Julia Heaney __________________________________________ Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 N. Market Street Wilmington, DE 19801 (302) 658-9200 Attorneys for Plaintiffs OF COUNSEL: ALSTON & BIRD LLP Patrick Flinn Lance Lawson 1201 West Peachtree Street Atlanta, GA 30309 (404) 881-7000 December 21, 2006
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Case 1:05-cv-00016-JJF

Document 98

Filed 12/21/2006

Page 3 of 3

CERTIFICATE OF SERVICE I, Julia Heaney, hereby certify that on December 21, 2006 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Richard L. Horwitz Potter Andersoon & Corroon LLP [email protected] I also certify that copies were caused to be served on December 21, 2006 upon the following in the manner indicated: BY HAND AND E-MAIL Richard L. Horwitz Potter Anderson & Corroon LLP 1313 N. Market Street Wilmington, DE 19801 BY E-MAIL Dan D. Davison Fulbright & Jaworski LLP 2200 Ross Avenue Suite 2800 Dallas, TX 75201-2784

/s/ Julia Heaney Julia Heaney