Monday, January 26, 2015 10:07:03 AM
<<In its opening arguments, InterDigital noted the positions that the Office of Unfair Import Investigations Staff (the "Staff") has
adopted in the Staff's prehearing brief. The Staff supports InterDigital on all issues, including infringement of both of the
asserted Power Ramp-Up patents and all public interest issues, including those related to licensing of standards-essential
patents on Fair, Reasonable and Non-Discriminatory ("FRAND") terms. The Staff therefore recommends that the Administrative
Law Judge find that Nokia and Microsoft Mobile have violated Section 337 and that an exclusion order should issue.
With respect to the FRAND issues, the Staff agrees with InterDigital that InterDigital has not engaged in "patent hold-up," and
that Nokia and Microsoft Mobile are unwilling licensees and have engaged in reverse patent hold-up. This refusal to license by
Nokia and Microsoft Mobile is relevant to showing that it would not be against the public interest to issue exclusionary relief if a
violation of Section 337 is found. The Staff's opinions are not binding on either the Administrative Law Judge presiding at the
hearing or the Commission.>>
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