InterDigital Inc (IDCC)

[olddog967]

Ia-idcc-fan: In regard to the 613 remand investigation. CAFC ruled that IDCC met the domestic industry requirement. Therefore, under the Mandate Rule, that finding is not an issue in the remand investigation.

The Commission's remand investigation instructions to the ALJ, acknowledge that fact, and the domestic industry requirement was excluded from the items that the ALJ was to cover in his investigation.


"Thc Court affirmed the Commission’s determination that InterDigital has a domestic industry. 1d. Nokia subsequently filed a combined petition for panel rehearing and rehearing en banc on the issue of domestic industry. On January 10, 2013, the Court denied the petition and issued an additional opinion addressing several issued raised in Nokia’s petition for rehearing. InterDigitalCommc ’ns,LLC v. Int ’l Trade Comm ’n, 707 F.3d 1295 (Fed. Cir. 2013) (Fed. Cir. Jan. 10, 2013). The mandate issued on January 17, 2013, returning jurisdiction to the Commission."


"With respect to the issue of domestic industry, the Commission acknowledges the Federal Circuit’s finding that Nokia has waived any argument regarding the nexus between its licensing
investments and the asserted patents. The Commission also declines to reconsider the issue of whether the “economic prong” of the domestic industry requirement has been satisfied under Certain Multimedia Display and Navigation Devices and Systems, Components Thereof and Products Containing Same, Inv. No. 337-TA-694, Commission Opinion, Public Version (August 8, 2011)."