InterDigital Inc (IDCC)

[whizzeresq]

Data: Since the issue on which IDCC lost is claims construction, I assume they will appeal it to the Fed. Cir. If IDCC doesn't appeal the ITC claims construction and directly goes forward with the Del. action, a final decision there could take a few years, depending on how quickly the judge wants to move it. Although not binding, the judge and any Markman hearing expert that he might employ, would be faced with the ALJ/ITC claims construction. Even if the Del. judge were to favor IDCC in his claims construction rulings and IDCC won the Del. patent infringement case, Nokia would appeal it to the Federal Circuit, and this would be a few years from now. By appealing it now, IDCC gets the claims construction of the patents before the Federal Cir., who will have the last say on claims construction (since I doubt the Supreme Court would hear any appeal). If IDCC wins at the Fed. Cir.on an ITC appeal, then it ultimately gets the ban. Plus, the Fed. Cir. claims construction would be binding in the Del. lawsuit. If IDCC loses at the Fed. Cir. on claims construciton, then it would make no sense to go forward with the current patents in issue in the Del. infringement case because that claims construction would be binding there. IDCC would then have to find different patents to bring against Nokia. IMHO