RE:RE:WiLAN Smart TV LitigationThe reorg is worth discussion mrmoribund; however Wilan's IP holdings are well beyond the scope of ITS. Don't know to what extent that could be a mitigating factor.
On the CAFC ruling, I wonder if the door may still be open. As I understand the issue, the chiop manufacturer (I don't know who) ignored the subpoena to produce souce code. The court did not have jurisdiction. Wilan presented the relevant source code obtained through a prior court case (don't know if it was a Wilan case or another plaintiff). The district court and the CAFC ruled that the evidence (the code) from the prior litigation was inadmissible. I wonder if the source code can be obtained at some future time, would it be new evidence and allow the case to be reactivated. Alternatively, the chip maker that did not comply with the subpoena and withheld the source code could be the target of a Wilan future action. What's the saying, "You can run but you cannot hide."