Saturday, November 08, 2003 7:31:58 PM
The Federal lawsuit
In my opinion, the suit against Federal is a defensive move by InterDigital, an effort to strike first in an attempt to avoid arbitration, and put InterDigital in a better negotiation position to reach a settlement with Federal. I doubt that it is a serious effort to get further reimbursement of attorneys fees or bad faith punitive damages, just like Ericsson’s claim for damages against InterDigital for badmouthing them was not a serious effort or meaningful part of that lawsuit.
Everything that InterDigital did receive from Federal was a windfall. I was wrong in thinking that the payment of attorney fees in the Ericsson lawsuit resulted from a patent insurance policy. The idea that InterDigital, a company run by lawyers, was taken advantage of in the negotiations concerning the extent of Federal’s duty to defend InterDigital to such an extent that there was failure of consideration, is pretty ludicrous and frivolous.
I suspect Federal will move to dismiss prior to answering InterDigital’s complaint, on the grounds that there is no jurisdiction, since the contract with Federal undoubtedly provides that all disputes concerning the interpretation of the contract will be resolved by arbitration.
I have been traveling for a couple months. Any developments in the Nokia/Samsung lawsuits?
In my opinion, the suit against Federal is a defensive move by InterDigital, an effort to strike first in an attempt to avoid arbitration, and put InterDigital in a better negotiation position to reach a settlement with Federal. I doubt that it is a serious effort to get further reimbursement of attorneys fees or bad faith punitive damages, just like Ericsson’s claim for damages against InterDigital for badmouthing them was not a serious effort or meaningful part of that lawsuit.
Everything that InterDigital did receive from Federal was a windfall. I was wrong in thinking that the payment of attorney fees in the Ericsson lawsuit resulted from a patent insurance policy. The idea that InterDigital, a company run by lawyers, was taken advantage of in the negotiations concerning the extent of Federal’s duty to defend InterDigital to such an extent that there was failure of consideration, is pretty ludicrous and frivolous.
I suspect Federal will move to dismiss prior to answering InterDigital’s complaint, on the grounds that there is no jurisdiction, since the contract with Federal undoubtedly provides that all disputes concerning the interpretation of the contract will be resolved by arbitration.
I have been traveling for a couple months. Any developments in the Nokia/Samsung lawsuits?
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