Ghors: I don't think that "ZTE has abandoned all of it's affirmative defenses except #. 2 and all it's counterclaims except #8." If you read description of ZTE's defenses/counterclaims you will see that many of these are FRAND related. As noted in the just released 10-Q (below), FRAND-related affirmative defenses, and FRAND-related counterclaims, together with damages were bifurcated from the case to be handled later. While some may have been ruled on during the case proceedings, I don't think they all were.
From the 10Q:
"On February 11, 2014, the Delaware District Court judge granted an InterDigital, Nokia, and ZTE stipulated Amended Scheduling Order that bifurcated issues relating to damages, FRAND-related affirmative defenses, and any FRAND-related counterclaims. There is currently no schedule in place regarding these issues." (see note below)
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"On October 28, 2014, the jury returned a unanimous verdict in favor of InterDigital, finding that the ‘966, ‘847 and ‘244 patents are all valid and infringed by ZTE 3G and 4G cellular devices. As noted above, the Delaware District Court judge previously bifurcated issues relating to damages, FRAND-related affirmative defenses, and FRAND-related counterclaims, which will be addressed at a later phase of the case."
Note: from the Feb 11 Amended Scheduling Order:
IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, and subject to the approval of the Court, that the Scheduling Order in these actions be amended as
follows:
1. Issues related to damages, FRAND-related affirmative defenses and FRAND related counterclaims have been bifurcated from patent liability issues,. All deadlines set forth in the Stipulation and Order Regarding Case Scheduling (Dkt. No. 126) do not apply to damages, FRAND-related affirmative defenses and FRAND-related counterclaims.
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On a separate issue I was wondering since there are normally post trial motions to be addressed ( IDCC has already submitted JMOL motions). what is the effect of the "judgment" that was just issued?
