InterDigital Inc (IDCC)

[olddog967]

Data: In regard to "sitting" on notices of infringement, depending on the circumstance, if a company does not initiate a patent infringement case within specified time frames after notice of infringement was given, laches and/or equitable estoppel can be valid defenses against the suit. For a brief summary see:


http://www.lawabel.com/patent-damages-laches-and-equitable-estoppel/


Although not a patent infringement issue, in the ITC 613 case Nokia wanted the investigation suspended and arbitration initiated. Judge Batts ruled for Nokia, but was reversed by the 2nd Circuit because:

“(1) the time elapsed from when litigation was commenced
until the request for arbitration; (2) the amount of litigation to date, including motion practice and discovery; and (3) proof of prejudice,”