InterDigital Inc (IDCC)

[olddog967]

Checked Pacer. Three new filings since IDCC filed their reply.

1. On 7 Sep IDCC filed the required Appendix to the Briefs, which is a listing and copies and/or abstracts of pertinent documents.

2. On 9 Sep counsel for U.S. International Trade Commission requesting that oral argument not be set for the November calendar due to conflicts of schedule. This apparently is the reason we were not on the November calendar. Based on normal time frames, if the hearing is in December there will be no decision until Feb or Mar.

3. On 7 Sep a “Joint Statement of Compliance with Fed Cir Rule 33(a)” was filed. This statement is filed as part of the CAFC’s mediation program. Apparently settlement talks were held. The CAFC rules require that:

No later than the time for fi ling a separate appendix (see 1. above) “the parties must
file one copy of either of the following (select only
one):

(A) a joint statement of compliance with this rule
indicating that settlement discussions have been
conducted;or

(B) an agreement that the proceeding be dismissed
under Federal Rule of Appellate Procedure 42(b).”


Since (A) was filed instead of (B),it is obvious that the settlement talks were not successful. However, the CAFC rule also states “This rule does not preclude the parties from discussing settlement or agreeing to dismiss the proceedings at other times, including after oral argument but before decision.”