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Re: dndodd post# 401350

Tuesday, 07/14/2015 7:00:32 PM

Tuesday, July 14, 2015 7:00:32 PM

Post# of 432676
Interdigital is not pulling any punches;

Because no exception to the mandate rule applies, the Commission lacks authority to
disregard the Federal Circuit’s mandate and alter the prior claim constructions relied on by the
parties and dictated by the Federal Circuit in this investigation. Thus, the Commission cannot
change course now, after a lengthy investigation and remand hearing, because adopting the
Commission’s constructions from the 800 investigation would violate both the mandate rule and
the law of the case doctrine.

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