InterDigital Inc (IDCC)

[olddog967]

It looks like Huawei doesn't intend to soon agree with the arbitration award.

Based on the Final arbitration award IDCC submitted an Amended Petition to SDNY to confirm the award. Below is from Huawei's reply. Details of the defenses were not given.


Affirmative Defenses

1. Under Article V(1) of the New York Convention, the Awards (as defined in InterDigital’s amended petition) deal with differences not contemplated by or not falling within the terms of the submission to arbitration.

2. Under Article V(1) of the New York Convention, the Awards (as defined in InterDigital’s amended petition) contain matters beyond the scope of the arbitration.

3. Under Article V(1) of the New York Convention, the Awards (as defined in InterDigital’s amended petition) violate due process.

4. Under Article V(2) of the New York Convention, recognition or enforcement of the Awards (as defined in InterDigital’s amended petition) is contrary to public policy.

5. Huawei reserves the right to amend its answer herein, including by the addition of affirmative defenses.

Conclusion

WHEREFORE, Huawei respectfully requests that this Court:

1. Stay InterDigital’s amended petition pending the annulment decision of the Paris
Court of Appeals;

2. Dismiss InterDigital’s amended petition with prejudice;

3. Award Huawei costs of suit herein; and

4. Award Huawei such other relief as the Court deems just and proper.

September 8, 2015