InterDigital Inc (IDCC)

[jaykayjones]

Part 4 - E's 'Scorched Earth' Policy

In Filing 814 (post-trial) justifying why treble damages are appropriate, HRS states the following:

'E's litigation conduct amounts to execution of a 'scorched earth' policy intent on protracting the litigation as much as possible, expending as many judicial resources as possible, driving up the costs to the parties as much as possible, and flagrantly violating canons of ethics, civility, truthfulness and fairness to all concerned, so that E's adversary is discouraged from vindicating its rights...

But make no mistake about it. E's conduct will continue unabated and will also extend itself into other forums and impact other parties unless it is stopped. (See notefoot 13). The testimony of Paul Dent (E's chief scientist) is a prime example. Dent would have continued to testify falsely about the workings of E's Viterbi equalizer had H's counsel not discerned the deception and brought it to the attention of this Court...

Footnote 13: The docket sheet in the Interdigital vs. Ericsson litigation...demonstrates that Ericsson is practising the same 'scorched earth' tactics in that litigation.

JK