InterDigital Inc (IDCC)

[LTE]

2008 - We can see that IDCC lost at the Staff level
in July 2008:

http://www.fool.com/investing/general/2008/07/11/interdigital-loses-some-footing.aspx

I remember that Samsung settled the day before the ALJ ruled in November
2008:

http://ir.interdigital.com/releasedetail.cfm?ReleaseID=350466

By August 2009, InterDigital lost the ITC's ID against Nokia:

http://ir.interdigital.com/releasedetail.cfm?ReleaseID=403483

So, what I'm getting at is that by the summer of 2008 InterDigital
knew that they were having trouble with the original claim
construction of the power ramp up patents. They knew for sure
they lost with the ITC's ALJ in August 2009.

In November 2009, they CANCELLED claims 1-12 in patent # 7,706,830's
patent application which was one of the two main power ramp up patents in the 800 investigation. I know that from checking PAIR at the USPTO's
website:

http://portal.uspto.gov/pair/PublicPair

We can see the '830 was granted as a patent in April 2010:

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7,706,830.PN.&OS=PN/7,706,830&RS=PN/7,706,830

So the NEW claim 12 (which replaced claim 1) appears to be
identical to this claim cited by the CAFC in the 800 appeal -
check page 4:

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1176.Opinion.2-12-2015.1.PDF

There is NO doubt that IDCC tweaked the new claims on November 25,
2009 to satisify the new Markman ruling that they KNEW they lost.

So, how can IDCC win both the new claims of the '830 patent
and the older claims of the 7,190,966 and 7,286,847 patents?

They can't since InterDigital subsequently won on what they originally
wanted to win on the first time - their version of the Markman
was upheld on August 1, 2012. This ruling secured the original / first
version of the power ramp up patents:

http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1093.pdf

InterDigital smartly covered both of their bases - they could only
win on one, not both.

I think the above is the main crux of the discrepancy between the
cases.