thanks whizz. what forum do you think would be the most expedient or best for Interdigital next? If we don't appeal then we need to gear up for Delaware Lanham Act and related claims brought by Nokia against InterDigital and associated counterclaims brought by InterDigital against Nokia, correct?
I'm not so sure I would want to hurry that activity fresh off the ITC loss....maybe appeal is better, and a renewed look at negotiations with an eye to getting closer to what Nokia's licensing offer has been.
all JMO
Data_Rox--IDCC's Del. patent infringement action will be stayed if IDCC files an appeal of the ITC decision to the Fed. Circuit. If it does not, then the stay could be lifted anytime after the time to file an appeal expires.
(a) Nokia Litigation Update.
On December 10, 2007, pursuant to a joint request of the parties, the United States District Court for the District of Delaware entered an Order
staying proceedings in a matter brought by Nokia Corporation and Nokia, Inc. (collectively, "Nokia") against InterDigital, Inc.'s wholly-owned
subsidiaries InterDigital Communications, LLC and InterDigital Technology Corporation (together, "InterDigital"). The Honorable Joseph J.
Farnan, Jr., the judge overseeing the Delaware District Court proceeding ("Nokia Delaware Proceeding") involving Lanham Act and related
claims brought by Nokia against InterDigital and associated counterclaims brought by InterDigital against Nokia, stayed the Nokia Delaware
Proceeding pending the full and final resolution of the International Trade Commission ("ITC") investigation captioned In re Certain 3G
Mobile Handsets and Components Thereof, Inv. No. 337-TA-613 ("ITC Investigation"). Specifically, the full and final resolution of the ITC
investigation includes any initial or final determinations of the Administrative Law Judge overseeing the proceeding, the ITC, and any appeals
therefrom. Pursuant to the Order, the parties and their affiliates are generally prohibited from initiating against the other parties, in any forum,
any claims or counterclaims that are the same as the claims and counterclaims pending in the Nokia Delaware Proceeding, and should any of
the same or similar claims or counterclaims be initiated by a party, the other parties may seek dissolution of the stay.
The Order also stays, on similar terms as the Nokia Delaware Proceeding, an arbitral proceeding between Nokia and InterDigital in the
International Chamber of Commerce, International Court of Arbitration ("Nokia ICC Proceeding") relating to Nokia's use of certain
confidential licensing presentations. The Order does not affect any of the other legal proceedings between the parties including the current ITC
Investigation involving InterDigital, Nokia and Samsung, or the parallel Delaware District Court proceedings also brought by InterDigital
against Nokia and Samsung individually.
