InterDigital Inc (IDCC)

[revlis]

Order No. 36: Lifting Stay And Requesting Proposed Procedural Schedule
Including Proposed Target Date
On September 24,2008, complainants InterDitigal Communications, LLC and
InterDigital Technology, Corp. (InterDigital) moved to lift the stay in this investigation imposed
in Order No. 33. (Motion Docket No. 613-66.)’
Complainants, in support of Motion No. 61 3-66, argued that the stay was based on a
preliminary injunction preventing InterDigital from pursuing its infringement claims against
respondents Nokia Corporation and Nokia, Inc. (Nokia) in the ITC because, “supposedly,” Nokia
was entitled to arbitrate certain license defenses it wished to assert; that the appellate court found
instead that Nokia had waived any rights to arbitrate portions of this dispute and accordingly, the
appellate court reversed the order granting that preliminary injunction, denied Nokia’s petitions
for rehearing of that appellate court decision, and issued its mandate to the district court on
Monday, September 22,2008; that the district court clerk’s office received and filed the mandate
InterDigital represented that it has contacted counsel for Nokia and the staff regarding
their positions on the pending motion, and that the staff has indicated that it will not oppose the
motion to lift the stay while counsel for Nokia has indicated that Nokia does not oppose lifting
the stay.
on September 23,2008; and that as a result, there is no longer any basis to prevent InterDigital
from pursuing its infringement claims against Nokia, and the stay should be filed.
Based on the foregoing, Motion No. 613-66 is granted and said stay imposed in Order No.
33 is lifted. Complainants, after consultation with each of Nokia and the staff, should submit a
proposed procedural schedule, including proposed new target date,’ no later than October 3.
Such submission, which need not be filed with the Secretary, should take into consideration the
administrative law judge’s current docket and the Commission rules which became effective in
August, 2008.
On September 25,2008, each of the parties received a copy of this order.
n
Paul J. Lucifern
Chief


http://edisweb.usitc.gov/edismirror/337-613/Violation/310697/389862/1384/a0faec.pdf