InterDigital Inc (IDCC)

[The Count]

nicmar, the ITC is not a court

They don't set a rate nor assess damages. They just determine if the patent is valid and infringed. If it is, then they issue an injunction. If it can be shown that IDCC has a valid patent that is required to produce a 3G phone, then any manufacturer would have to infringe to make their phone. There is no need to get into how long they've infringed, just are they infringing now. If IDCC can find one valid patent that cover all the infringers (an essential patent), no need to specify every infringed patent. The one wild card that Sammy threw in was the FRAND defense, saying that they had a license. However if we are offering the companies licenses in line with what LG and Samsung agreed to, I don't see that defense holding water. So I do believe that challenging multiple infringers in one case is possible. The combining of the Nokia and Samsung cases support that position. As a practical matter, I do believe that once we get the big dogs in the pound, the strays and mutts will be much easier to sign as the fair market value will be set through multiple agreements, the critical mass of licenses will argue strongly for the strength of IDCCs patents, and the legal fees for the little guys are a much bigger financial burden, so signing is cheaper than fighting to get a license a dime a unit cheaper.

I'm not an lawyer and the above is based on my understanding from the posts here. If any attorneys can correct or clarify my statements, please do.