InterDigital Inc (IDCC)

[olddog967]

Stay again requested for ZTE Delaware infringement case.

On March 6, 2018, the PTAB entered its Decision on Remand determining that claim 8 of the ’224 patent is unpatentable. On April 10, 2018, InterDigital filed a notice of appeal seeking reversal of the PTAB’s decision. The ‘244 PTAB appeal is still pending before the U.S. Court of Appeals for the Federal Circuit and because proceedings relating to the PTAB proceedings on the ’244 patent are ongoing and have not yet been finally resolved, the parties respectfully request that the Court extend the stay previously granted in light of these proceedings.
In the event InterDigital prevails in its appeal of the PTAB’s latest decision and the validity of claim 8 of the ’244 patent is confirmed, the parties believe it would be more efficient for the ’244 patent to proceed in conjunction with the currently pending case on the two “power ramp up” patents, avoiding the potential need for two separate damages trials.
Accordingly, the parties agree and respectfully request that the stay of this case be extended until the PTAB proceedings on the ’244 patent are fully resolved, including any and all appeals. The parties will provide regular status reports every ninety (90) days, as well as a report upon the final conclusion of the PTAB proceedings, including any appeals.

Case 1:13-cv-00009-RGA Document 599 Filed 07/12/18
The Honorable Richard G. Andrews July 12, 2018