InterDigital Inc (IDCC)

[olddog967]

ASUS's lawsuit against IDCC in the Northern District of California Court, which had been stayed pending arbitration, has been restarted.


In April 2015 ASUS filed a complaint against IDCC for the following seven counts:

Count I for violation of Section 2 of the Sherman Act
Count II for violation of Section 17200 of California Business &
Professional Conduct Code
Count III for breach of contract resulting from ongoing negotiations
Count IV for breach of contract leading to and resulting from the 2008 PLA
Count V for promissory estoppel
Count VI for waiver
Count VII for fraudulent inducement to contract

In August 2015 the Judged ruled that except for Count III, IDCC's request to compel arbitration was not wholly groundless, and stayed the case pending a decision of arbitrability by the arbitrator. On June 17, 2016 the Arbitral Tribunal issued an Interim Award on Jurisdiction that determined that Counts I, II. IV, V, and VI were not arbitrable (apparently VII was arbitrable). In view of the arbitration panels decision, on July 14, the Judge lifted the stay of the case.

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Pegatron has a similar complaint against IDCC in the same court, but with a different judge. That case is also stayed pending an arbitrability decision. It will be interesting to see what that tribunal decides.