InterDigital Inc (IDCC)

[The Count]

The new ITC filing

IMO, IDCC was becoming more aggressive in protecting their IP to help their licensing efforts. After the decision in the first ITC action, they went back and submitted some continuation patents to clarify the language to avoid having to argue about what "is" is. After the last additional patent was granted in June, they proceeded to file their action. They went after Nokia as insurance against a loss in the first action, along with two Chinese companies.

While the lawyers were finalizing the ITC filing, the Nortel auction occurred and things changed. While it is now probable that neither ITC will be finalized before their is a sale of IDCC (again, just IMO), the incremental cost of filing is a pittance compared to the dollars involved. Just in case IDCC is not sold, and the first ITC action is not reversed and ruled in IDCC's favor, then IDCC has started the ball rolling on the new action.

The only thing the new filing indicates about IDCC's feelings about the original ITC action is that there are no sure things in litigation and they are prudent business men making intelligent decisions.