InterDigital Inc (IDCC)

[whizzeresq]

Sjratty--I tend to disagree with your conclusion that IDCC will allege that Nokia has infringed its patents in IDCC's amended counterclaim. I just reviewed Nokia's proposed amended complaint and it looks to me that Nokia carefully and intentionally avoided claiming that IDCC's patents are invalid. The basis of Nokia's claims revolve around IDCC's statements with respect to the essentiality of IDCC's patents. If Nokia intended to go to the heart of the validity of those patents, it would have made the traditional invalidity allegation like Ericy and would have included a specific request for relief that the Court declare the patents invalid. I think the reason for this course by Nokia is to avoid an infringement action and a claim by IDCC before the International Trade Commission based on the IDCC/Nokia agreement that IDCC would not file an infringement action against Nokia until a certain date (which we do not know) or until Nokia files a claim asserting the patents are invalid.

IDCC has stated in its Court filings that it will bring a counterclaim against Nokia. Perhaps, IDCC will claim infringement if the date has passed or if it takes the position that Nokia has challenged the validity of its patents in the amended complaint, but I don't think so because of the way Nokia has phrased its Complaint. Instead, I think that IDDC may allege claims based on unfair competition and business, practices. Again, this is speculation on all our parts, until we see the actual counterclaim by IDCC.