InterDigital Inc (IDCC)

[j70k]

IMO- The real issue between the parties has always been FRAND and the ITC action was initiated to put a time stamp on this issue. All parties have known from the beginning that an injunction would never actually come about, but a threat, with a real date would set a sense of urgency to the negotiations. Today, the staff(one guy's opinion?)stated that it believes that no violation has occurred to warrant an injunction. We don't know the reasons behind the conclusion, but a good guess is that infringement isn't the issue, only FRAND, and the feeling is that for the public good, this issue should not justify an injunction. For now it appears that SAM has gained some leverage, but they know that Nov 25 could deliver a very different message. Does SAM take this opportunity prior to Nov 25 to negotiate with IDCC or does it roll the dice with the ALJ and even if no injunction is issued, face a pissed off IDCC in a FRAND case that IDCC lets go all the way? NEGOTIATED SETTLEMENT is and has always been the outcome of this battle about price.