InterDigital Inc (IDCC)

[whizzeresq]

Olddog-- I doubt your conclusion. First and foremost Tessera was case that could have been used to establish jurisdiction of the appeal before the Fed. Cir. in an almost identical case. Any party fighting to establish that jurisdiction would not intentionally not mention it for the reasons you offered. In Tessera, the Dist. judge essentially had fouled up about whether a preliminary injunction would interfere with the operation of the ITC and had used that to deny the injunction request. The Fed. Cir. did not agree and remanded the case to the judge to make additional findings as to whether a preliminary injunction should issue under the appropriate standards. Remember, the dispute in IDCC/Nokia was not whether a preliminary injunction could issue in the absract, but whether Nokia met its burden to warrant it. The fact that in Tessera the court ruled that a preliminary injunction might issue would therefor not be a reason why IDCC would not cite it on the issue of jursidcition. IDCC had and has strong reasons whey Nokia didn't meet the applicable standards, and Tessera did not impact that.