InterDigital Inc (IDCC)

[LTE]

Law360 on the original '244 trial's delay.

<<I'd love to see IDCC's rebuttal. Since this is tough patent
infringement, I'm not surprised Microsoft will try any angle.
I wish we could see IDCC's position:

<<Law360, New York (May 1, 2015, 6:22 PM ET) --

Microsoft Corp. has asked a Delaware federal judge for permission to move for a ruling that smartphones made by its Nokia unit cannot infringe an InterDigital Communications Inc. wireless patent based on the testimony of InterDigital's expert, which has put an infringement trial on hold.
A trial set to begin on April 27 was continued that day at the stipulation of the parties. Letters to the court from Microsoft on April 25 and 27, unsealed Wednesday, show that Microsoft asked Judge Richard Andrews to let it seek judgment of non-infringement due to a "major development in the case."

According to Microsoft, Judge Andrews' claim construction order on April 24, as well as the completion of a deposition of InterDigital's expert the same day, make clear that Nokia's smartphone unit, which Microsoft now owns, cannot infringe.

"Because plaintiff has offered no evidence from which a jury could find every element of the claims are satisfied by the accused phones under the court's claim construction, and its expert has confirmed such evidence does not exist, defendants respectfully request permission to move for summary judgment of no infringement," it said.

According to Microsoft's letter, under the judge's claim construction, only cellular transceivers "configured to send and receive data via a plurality of assigned physical channels" can infringe InterDigital's patent, which covers 3G wireless technology.

Microsoft said that InterDigital's infringement case is based on channels in the accused phones that can only send data. Moreover, it said InterDigital's expert confirmed in the deposition that the channels presently accused in the suit are the only channels in the accused phones that could satisfy the claim construction.

"As such, plaintiff cannot show the accused phones infringe the asserted claims," it said.

In an earnings call on Wednesday, InterDigital CEO William J. Merritt said that the trial was put off so that Microsoft's request could be fully briefed and that the trial would be rescheduled in the coming months.

InterDigital's letter to the court in response on April 26 remains under seal, but Microsoft's letter in response on April 27 said that InterDigital's letter "mischaracterizes" the evidence.

It added that InterDigital sought to assert an "entirely new theory" and that "it would be wholly unfair to permit plaintiff to unveil and advance a new theory for the first time at trial."....>>

http://www.law360.com/articles/650621/microsoft-says-interdigital-expert-shows-it-can-t-infringe