InterDigital Inc (IDCC)

[olddog967]

my3sons: The April 27 filing by Huawei was in effect a notice of appeal. As I previously posted, once this filing was made, Huawei has four months to file a statement of claim or supplementary brief as it is called. IDCC then has two months to file their response (statement of defense). After these filings have been made the Clerk would then submit the case to the Civil Division of the Court. It is at this stage that a preliminary review of the case is done and a decision made as to whether to continue with the case. The following are abstracts from an applicable document:

APPEAL TO THE COURT OF CASSATION
In civil cases, an appeal to the Court of Cassation shall be lodged with the Court Clerk’s Office by a lawyer of the Council of State and Court of Cassation (except in the case of electoral disputes where the appeal may be lodged by the parties themselves or by any authorised representative provided with a special power of attorney [3]). The deadline for lodging the appeal is “two months unless otherwise stipulated”, starting to run from the date the impugned decision is notified to the parties. In criminal cases, the appeal must be lodged with the clerk of the court which issued the decision no later than five days after it was delivered.

REVIEW AND JUDGMENT OF THE APPEAL
Once the appeal has been lodged with the Clerk’s Office at the Court of Cassation a statement of claim or supplementary brief as it is called must then be filed with the Court within the deadlines. If the said statement of claim or supplementary brief is not filed within the deadlines the appeal is dismissed. The said document sets out the pleas in law which the appellant intends to rely on to have the impugned decision quashed and enlarges on the legal arguments in support of the said pleas. The respondent may in return file a statement of defence. Once the deadlines, which vary depending on the type of case (in civil matters, four months for the statement of claim and two months for the statement of defence from the date the statement of claim is served), have passed, the case is referred depending on its subject-matter to one of the six divisions of the Court, or even to a mixed division or to the Full Court where a Judge-Rapporteur is designated.

If the appeal is inadmissible or is not founded on serious grounds, the case may then be fast-tracked by a streamlined procedure which is called the non-admission procedure. This procedure, which was established by an Act of 25 June 2001, has restored the preliminary review of appeals, albeit in a different form, which existed in civil cases at least until 1947. However, there are two principal differences. To begin with, in the past a specialised division existed which was called the Chambre des requêtes [a division which ruled on the admissibility of appeals before they were examined by the Civil Division]. Now each division, which is comprised of a bench of three judges which vary from one appeal to the next, is required to rule on this type of appeal. Secondly, the examination of appeals by the Chambre des requêtes was compulsory for all appeals except those in criminal cases whereas now only those appeals that are likely to fall within the scope of the non-admission procedure are considered by these benches.

https://www.courdecassation.fr/about_the_court_9256.html