InterDigital Inc (IDCC)

[The Count]

Wizzer, thanks for your thoughts

I welcome anyone to comment on the substance of my posts, especially if they have different view, so that I might learn. It is especially welcomed from intelligent, informed people such as yourself, who look at the facts to arrive at conclusions (instead of those who start with their conclusion and try to connect dots to make the facts fit).

I agree with you that this battle is far from over, however I still believe that having the staff report against us does significantly decrease the chance of success. Fortunately we have a man with long experience who appears to be very competent and well versed, so I'm confident he will not hesitate to use his own judgment if it is different that the young staff. I would say that ALJ Luckern will be less likely to be influenced as other ALJs might be. (I certainly hope that he is in good health-we don't need another Pomfrey.) Nonetheless, this young staff is an unbiased opinion that sides with Samsung, so that does lower my expectations with the ITC. When I say I think IDCC is an underdog, I mean about a 40% chance of success, not a long shot. I look forward to you, Loop, Ghors and other legal eagles help us understand how things are going when we get the transcripts.

Here is the article on which I’m basing my opinion that the staff report does generally indicate the direction of the ALJ's opinion. This was first posted by who else, Olddog. The relevant sections for this discussion are headed “Speed at the ITC” and “Certainty of Outcomes from the ITC”. It states that: “historically the ALJs have come down on the same side as the staff attorney”, although as you noted, no statistics are provided. It does provide statistics on the reversal of ALJ’s by the full commission (6%) and overturning of the ITC decisions by the Federal Circuit (16%).

http://209.85.173.104/search?q=cache:r7HehEf6nSwJ:www.ipo.org/AM/CM/ContentDisplay.cfm%3FContentFileID%3D6491%26FusePreview%3DYes+ITC+and+staff+pre-hearing+statement&hl=en&ct=clnk&cd=8&gl=us&client=safari