InterDigital Inc (IDCC)

[olddog967]

jjff: In regard to a mistrial for the '151 patent, below is a letter on the subject from IDCC's attorney:

Dear Judge Andrews:

At the end of the trial day yesterday, the Court suggested that a mistrial regarding the ’151 Patent may be appropriate to facilitate further claim construction. In light of the discussion at the end of yesterday’s session, InterDigital will not oppose such a mistrial, but InterDigital’s non-opposition would be premised on the following:

1. That the jury be given a neutral, unbiased instruction that does not favor or harm either party or their case with respect to the remaining three patents;

2. The claim construction briefing for the ‘151 Patent be scheduled promptly and timed to reach a swift decision;

3. The short retrial on the ‘151 Patent occur as soon as possible, i.e., before the end of the 2014, so that any appeal from the jury verdict on the remaining 3 patents-in-suit is not delayed;

4. The current time allocations for each party in this trial shall be adjusted to account for the disproportionate time that InterDigital spent (in light of the current developments, unnecessarily) on the ‘151 Patent; and

5. The declaration of a mistrial on the ‘151 Patent shall not be the basis for either party to object to claim prejudice regarding any verdict on the other three patents-in-suit.

During the parties’ meet and confer, counsel for ZTE agreed with the first two suggestions. ZTE objects to the third and fourth conditions, and further contends that InterDigital is subject to an enhanced exposure for attorneys’ fees. To the extent the Court determines that InterDigital’s conditions 4 and 5 are unacceptable, or that ZTE is entitled to some enhanced position with regard to the recovery of its fees, InterDigital would need to reevaluate its non-opposition to the Court’s suggestion regarding a mistrial on the ’151 Patent to facilitate further claim construction

Case 1:13-cv-00009-RGA Document 410 Filed 10/22/14