If people think patent protection is black and white, it isn't. IDCC knows that and is taking the proper steps. They are prosecuting patents based on feedback from the litigation. That is the only way to develop a strong portfolio. These cases are still active and taking the feedback from the ITC to prosecute additional claims to address differences in interpretation between the judge and IDCC will only strengthen its portfolio.
They recently received patent 7,536,013 on May 19, 2009 which is a Continuation of ‘579. They amended claims on that patent after the Samsung ITC process was completed and included in their informational disclosure statement the Kakaes testimony of invalidity among other items.
They subsequently have continued the prosecution of continuations for the '004, '966, and '847 cases and have included IDS for the Lanning report of invalidity as references among others. They have delayed an allowed patent in this family from issuance to further include references and keep the case active to tailor claims based on ITC feedback.
They will be able to rewrite claims of pending applications to clarify the desired claim interpretation. Nokia knows this and will sign a license agreement. IDCC knows this and will only be able to strengthen. This is a setback but IMO a short-term one.
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