InterDigital Inc (IDCC)

[Learning2vest]

There is a very important sentence in that "First Discovery Order" filed by the Special Master. It awards the "tilt" in Nokia's nefarious Lanham gambit to InterDigital.

Nokia's game plan in their "off the wall" Lanham Act claim is to force InterDigital to put their 3G IPR at risk. The Special Master is not letting Nokia play that game.

He put the ball back in Nokia's court with the following sentence: "For each public statement, Nokia shall also provide a detailed response why each staement is false."

The Special Master is not going to ask InterDigital to "prove" that it has "essential" IPR in the 3G standards until Nokia puts forth an argument showing that InterDigital does not have even one claim in a patent that must be infringed to comply with the accepted standards.

In that sentence the Special Master is saying "OK Nokia,... First, let's see YOU prove to me that InterDigital DOES NOT HAVE the goods in 3G."

I love it! He reversed the tilt in Nokia's game plan. InterDigital does not have to prove they have the goods, Nokia has to prove that InterDigital does not have the goods. THAT is a BIG deal. IMO Nokia's legal folks are sucking the harsh wind of reality right about now.