InterDigital Inc (IDCC)

[la-tsla-fan]

Jist, remember that the 613 remand instructions state that the economic prong of DI has been met, but are loudly silent on the technical prong. Given the ITC decision on DI in 337-841, the ALJ will have little choice on the matter of the technical prong. He is forced to require evidence of "articles". IDCC will have to prove that articles other than the accused articles also infringe IDCC's alleged patent claims. Based on many posts by LOOP, articles produced under a convenience license cannot be assumed to infringe upon any particular patent claims.

In short, finding a violation in 337-613 is far from a slam dunk. It is even more problematic in the -800 and -868 cases. In my opinion, we should not waste any more time at the ITC or in appeals of ITC decisions.

jmo
LA