"Are you saying that since the Higgins thing is moot. That the Shaw testimony to USPTO in moot as well???

And Hamilton?"

I'm saying it's all connected. Shaw and Hamilton are conditional to the Higgins resolution. Higgins is subject to precedent and statute on attorney-client privilege.

Without Higgins, the case is weakened and this was probably raised during mediation, ergo NEC's agreed motion.

 Defendant NEC Electronics America, Inc. (“NECELAM”) respectfully requests the Court’s permission for expedited briefing and resolution of NECELAM’s opposed Motion Challenging Plaintiffs’ Attorney-Client Privilege Designation of Shaw Deposition Exhibit 17, filed concurrently herewith. Plaintiffs TPL and Patriot have agreed to file their respective opposition papers on or before Friday October 12, 2007. NECELAM has agreed to file its reply on or before Wednesday October 17, 2007. NECELAM respectfully requests expedited resolution of the issues presented in NECELAM’s Motion on the ground that the issues presented in that Motion and the use of Shaw Deposition Exhibit 17 will impact depositions that are currently being scheduled, including the deposition of nonparty Drew Hamilton which is currently scheduled for November 1, 2007. Plaintiffs TPL and Patriot have agreed to this Motion to Expedite.

Be well