Upcoming 'legal' events for Interdigital as I see them.
Any corrections, additions, changes, etc. would be appreciatedd.
DATE SUBJECT
12/15/14 Armina Arbitration Scheduling conference on July 28, 2014, InterDigital filed an amended petition in the Delaware District Court to reflect the revised award of approximately $23.6 million (which will continue to accrue interest until payment by Arima). On August 21, 2014, Arima filed a cross-petition to vacate, or in the alternative to modify, the arbitration award. The parties have fully briefed their respective petitions and are awaiting a decision from the court.
12/15/14 IDCC Response to ZTE's JMOL """Defendant ZTE Corporation and ZTE (USA) Inc. (collectively “ZTE”) respectfully move this Court for entry of judgment as a matter of law under Fed. R. Civ. P. 50(b) that ZTE does not infringe any of the asserted claims of U.S. Patent Nos. 7,190,966, 7,286,847, or 8,380,244 and, in the alternative, for a new trial under Fed. R. Civ. P. 59(a)(1).""
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1/26/15 - 1-30-15 Commission’s remand of claims 6, 9, and 11 of the ‘847
On March 24, 2014, the Commission issued a revised order and opinion dropping claims 6, 9, and 11 of the ‘847 patent from the remanded investigation and noting that Nokia’s petition for reconsideration was otherwise denied. On April 22, 2014, Nokia filed in the Federal Circuit a petition for a writ of mandamus to the USITC, requesting the court to order the Commission to address in the remand investigation the non-infringement arguments that the Commission determined Nokia has waived. On July 24, 2014, the Federal Circuit denied Nokia's petition.
On March 5, 2014, the ALJ issued an order establishing August 28, 2015 as the target date for completion of the investigation, and a separate order setting the hearing in the matter for January 26-30, 2015.
2nd Q 2015 Huawei Arbitration completion
03/09/15 IDCC -vs-NOKIA MMO
the Delaware District Court re-scheduled the Nokia and MMO trial to commence on March 9, 2015
Not Set IDCC -vs- ZTE on the '151 patent
The ZTE trial addressing infringement and validity of the ‘966, ‘847, ‘244 and ‘151 patents was held from October 20 to October 27, 2014. During the trial, the judge determined that further construction of certain claim language of the ‘151 patent is required, and the judge decided to hold another trial as to ZTE's infringement of the '151 patent at a later date. 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 related to damages, FRAND-related affirmative defenses, and FRAND-relatec ounterclaims, which will be addressed at a later phase of the case
Huawei China Proceedings
Reference is made to the Huawei China Proceedings in which InterDigital was served in February 2012 with two complaints filed by Huawei Technologies Co., Ltd. in the Shenzhen Intermediate People's Court in China previously disclosed in the 2013 Form 10-K and the First Quarter 2014 Form 10-Q. The Chinese Supreme People's Court ("SPC") scheduled a hearing for October 31, 2014, regarding whether to grant a retrial of the FRAND proceeding. If the retrial is granted, the SPC will schedule a second hearing to decide the merits of the case.
ZTE China Proceedings
Reference is made to the ZTE China Proceedings in which InterDigital was served in July 2014 with two complaints filed by ZTE Corporation in the Shenzhen Intermediate People's Court in China previously disclosed in the Second Quarter 2014 Form 10-Q. On August 7, 2014, InterDigital filed petitions challenging the jurisdiction of the Shenzhen Intermediate People's Court to hear the actions. On August 28, 2014, the court denied InterDigital’s jurisdictional challenge with respect to the anti-monopoly law case. InterDigital filed an appeal of this decision on September 26, 2014. On September 28, 2014, the court denied InterDigital’s jurisdictional challenge with respect to the FRAND case, and InterDigital filed an appeal of that decision on October 27, 2014. Hearing dates for both cases have yet to be scheduled.
Nokia and ZTE 2011 USITC Proceeding (337-TA-800), Related Delaware District Court Proceeding and Federal Circuit Appeal
Reference is made to the USITC proceeding and related Delaware District Court proceeding initiated in July 2011 and the related Federal Circuit appeal involving InterDigital, Nokia and ZTE previously disclosed in the 2013 Form 10-K,the First Quarter 2014 Form 10-Q and the Second Quarter 2014 Form 10-Q. On August 8, 2014, InterDigital filed its reply brief in the Federal Circuit appeal. Oral argument was scheduled for November 7, 2014.
LG Arbitration and Related Delaware Chancery Court Proceeding
Reference is made to the arbitration initiated against InterDigital by LG Electronics, Inc. ("LG") in March 2012 previously disclosed in the 2013 Form 10-K and the Second Quarter 2014 Form 10-Q. On August 20, 2014, the Court of Chancery of the State of Delaware dismissed with prejudice the action filed by LG on June 9, 2014 seeking a declaration that InterDigital breached a non-disclosure agreement between the parties by submitting certain evidence regarding the parties’ licensing communications to the arbitration tribunal, and seeking related injunctive relief. On August 28, 2014, LG filed a notice of appeal to the Delaware Supreme Court, and on October 13, 2014, LG filed its opening appeal brief. InterDigital's answer was due on November 12, 2014.
Nokia 2007 USITC Proceeding (337-TA-613), Related Delaware District Court Proceeding and Federal Circuit Appeal
Reference is made to the USITC proceeding initiated in 2007 and the related Federal Circuit appeal involving InterDigital and Nokia previously disclosed in the 2013 Form 10-K, the First Quarter 2014 Form 10-Q and the Second Quarter 2014 Form 10-Q. On October 6, 2014, respondents filed a motion for summary determination that the accused products do not infringe the claims of the ’966 and ’847 patents, and for termination of the 337-TA-613 investigation. InterDigital filed its response to the motion on October 16, 2014.
Investigation by Taiwan Fair Trade Commission
On December 6, 2013, InterDigital received notice from the Taiwan Fair Trade Commission (“TFTC”) that the TFTC had initiated an investigation to examine alleged anti-competitive behavior under Taiwan’s Fair Trade Act (FTA). Companies found to violate the FTA may be ordered to cease and rectify the unlawful conduct, take other necessary corrective action, and/or pay an administrative fine. InterDigital is fully cooperating with the TFTC’s investigation.
