INTERDIGITAL LEGAL PROCEEDINGS 7-30-2015
(Hope it is all inclusive and up to date):
Nokia and ZTE 2013 USITC Proceeding (337-TA-868) and Related Delaware District Court Proceedings
On April 27, 2015, the court ruled that Nokia Corporation should be severed for a separate trial addressing infringement of the ’244 patent.
On May 11, 2015, InterDigital filed a motion for re-argument of the order severing Nokia Corporation for a separate trial, and requested that the court conduct a single consolidated infringement trial on the ’244 patent with respect to the Nokia Corporation, Nokia Inc. and MMO defendants.
On May 29, 2015, Nokia Inc. and MMO, as well as Nokia Corporation, filed oppositions to the motion for re-argument
On June 8, 2015, InterDigital filed a reply in support of the motion.
The motion is pending.
On May 5, 2015, the Delaware District Court scheduled the Nokia Inc./MMO jury trial addressing infringement of the ’244 patent for November 16, 2015.
On May 12, 2015, Nokia/MMO moved for summary judgment of non-infringement of the ’244 patent, alleging that the accused devices do not practice a particular claim of the '244 patent.
On June 2, 2015, InterDigital opposed Nokia/MMO’s motion, and filed a cross-motion for partial summary judgment that the accused devices infringe the claim element at issue in Nokia/MMO's motion for summary judgment
On June 16, 2015, Nokia/MMO filed a reply in support of its motion for summary judgment and an opposition to InterDigital’s cross-motion.
On June 18, 2015, InterDigital filed a request for oral argument on the summary judgment motions
on June 26, 2015, InterDigital filed a reply in support of its cross-motion
The motions and oral argument request are pending.
On May 29, 2015, the Delaware District Court entered a new scheduling order for damages and FRAND-related issues due to changes in the schedule of the liability portion of the MMO proceedings (discussed above
target dates for trials related to damages and FRAND-related issues on October 17, 2016 for ZTE
target dates for trials related to damages and FRAND-related issues on November 14, 2016 for MMO
Huawei China Arbitration
On May 26, 2015, the panel convened by the International Court of Arbitration of the International Chamber of Commerce (ICC) delivered a confidential partial award
The panel convened by the ICC delivered a confidential final award dated July 14, 2015
On July 9, 2015, InterDigital filed a petition in the District Court for the Southern District of New York for an order confirming the arbitration award.
On the same day, Huawei filed an action in the Paris Court of Appeal requesting annulment of the arbitration award, and to date Huawei has not made any payments under the award.
Both proceedings are in preliminary stages.
Nokia and ZTE 2011 USITC Proceeding (337-TA-800), Related Delaware District Court Proceeding and Federal Circuit Appeal
On May 12, 2015, InterDigital's combined petition for panel rehearing and rehearing en banc as to the ’830 and ’636 patents was denied by the Federal Circuit
ZTE China Proceedings
The Shenzhen Intermediate People's Court held hearings on the anti-monopoly law case on May 11, 13, 15 and 18, 2015 for the anti-monopoly law case.
It is possible that the court may schedule further hearings on this case before issuing its decision.
The Shenzhen Court has scheduled a hearing in the FRAND case for July 29-31, 2015
LG Arbitration and Related Delaware Chancery Court Proceeding
The arbitration tribunal held an evidentiary hearing on July 20-22, 2015.
InterDigital expects that the tribunal will issue a final award in late 2015 or early 2016.
Nokia 2007 USITC Proceeding (337-TA-613), Related Delaware District Court Proceeding and Federal Circuit Appeal
On May 11, 2015, Nokia Corporation and MMO each filed petitions to the Commission to review the ALJ's April 27, 2015 remand initial determination ("RID")
On June 25, 2015, the Commission issued a notice of its decision to review in part the ALJ’s RID. The Commission determined to review the RID’s findings concerning the application of the Commission’s prior construction of one claim limitation in Investigation Nos. 337-TA-800 and 337-TA-868, the RID’s findings as to whether the accused products satisfy that claim limitation, and the RID’s public interest findings
The Commission is expected to issue its final determination by August 28, 2015.
Arbitration with Arima Communications Corporation
On June 10, 2015, InterDigital announced that it had entered into a settlement agreement with Arima.
Arima Taiwan Proceeding was withdrawn by Armina
Arima China Proceedingwwas withdrawn by Armina
Pegatron Actions
On May 26, 2015, InterDigital, Inc. received a copy of the civil complaint filed by Pegatron in the Taiwan Intellectual Property Court. The complaint alleged that InterDigital abused its market power by improperly setting, maintaining or changing the royalties Pegatron is required to pay under their 2008 patent license agreement (the “Pegatron PLA”), and engaging in unreasonable discriminatory treatment and other unfair competition activities in violation of the Taiwan Fair Trade Act.
On June 5, 2015 InterDigital filed an Arbitration Demand with the American Arbitration Association’s International Centre for Dispute Resolution (“ICDR”) seeking declaratory relief denying all of the claims in Pegatron’s Taiwan Action and for breach of contract.
On or about June 10, 2015, InterDigital filed a complaint in the United States District Court for the Northern District of California, San Jose Division (the “CA Northern District Court”) seeking a Temporary Restraining Order, Preliminary Injunction, and Permanent Anti-suit Injunction against Pegatron prohibiting Pegatron from prosecuting the Pegatron Taiwan Action. The complaint also seeks specific performance by Pegatron of the dispute resolution procedures set forth in the Pegatron PLA and compelling arbitration of the disputes in the Pegatron Taiwan Action.
On June 29, 2015, the court granted InterDigital’s motion for a temporary restraining order and preliminary injunction requiring Pegatron take immediate steps to dismiss the Taiwan Action without prejudice.
On July 1, 2015, InterDigital was informed that Pegatron had withdrawn its complaint in the Taiwan Intellectual Property Court and that the case had been dismissed without prejudice
The CA Northern District court has scheduled a case management conference for September 23, 2015.
