Too bad we don't know why this is under seal:
InterDigital Seeks Summary Judgment In Microsoft, Nokia Spat
By Michael Macagnone
Law360, Washington (June 03, 2015, 11:44 AM ET) -- InterDigital Communications Inc. wants a Delaware federal judge to declare that devices manufactured by Microsoft Corp. unit Nokia match the claims of its wireless communications patent, according to a Tuesday motion for partial summary judgment.
The motion counters a push by Microsoft for summary judgment of noninfringment, saying that Microsoft’s products do, in fact, match up to the claims construction. The brief supporting the two-page motion remained under seal Wednesday.
Interdigital’s suit against Microsoft has gone through a series of twists and turns over the past few months. 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 show that Microsoft asked District Judge Richard Andrews to let it seek judgment of noninfringement 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.
Interdigital is also fighting to keep Nokia Corp. in the suit with Microsoft and the other defendants. A separate motion from the judge in April severed Nokia for a separate trial in November, and Interdigital argued in a May brief that separating them would be inconvenient, complicated and give Nokia an unwarranted extra chance to attack Interdigital’s patent.
“Consequently, a separate trial is not warranted, and would cause significant prejudice to InterDigital in the form of undue expense and delay from multiple, duplicative proceedings,” the May brief said.
Counsel for Interdigital and Nokia could not be immediately reached for comment Wednesday.
On April 23, InterDigital dropped its infringement allegations against Microsoft with regard to one of the two patents in the case, U.S. Patent Number 7,941,151.
The day before, a Delaware jury found that ZTE Corp. did not infringe the '151 patent and InterDigital said it was dropping its claims against Microsoft because claim construction and discovery in the cases against the two companies were consolidated.
Then on April 27, the day the Delaware trial was supposed to begin on the remaining patent, a U.S. International Trade Commission judge found that Nokia and Microsoft infringed two other InterDigital patents that were not at issue in the district court case.
The patent at issue in the Delaware case is U.S. Patent Number 8,380,244.
InterDigital is represented by Ron E. Shulman, Maximilian A. Grant, Bert C. Reiser, Jonathan D. Link and Julie M. Holloway of Latham & Watkins LLP, David S. Steuer, Michael B. Levin and Maura L. Rees of Wilson Sonsini Goodrich & Rosati PC, and Neal Belgam of Smith Katzenstein & Jenkins LLP.
Nokia and Microsoft are represented by Richard A. Cederoth, Stephanie P. Koh, Joseph A. Micallef, Brian R. Nester and Scott M. Border of Sidley Austin LLP, Dan K. Webb, Kevin E. Warner, Raymond C. Perkins, Sarah J. Kalemeris and Sharick Naqi of Winston & Strawn LLP, and Jack B. Blumenfeld, Rodger D. Smith II and Jeremy A. Tigan of Morris Nichols Arsht & Tunnell LLP.
The case is InterDigital Communications Inc. et al. v. Nokia Corp. et al., case number 1:13-cv-00010, in the U.S. District Court for the District of Delaware.
AI
