InterDigital Inc (IDCC)

[brokentrade]

There is nothing unusual about the lack of new filings in the InterDigital / Ericsson lawsuit. Typically, when all deadlines have passed and the court just postpones the trial, you are not allowed to reopen everything that went before. Nothing suggests the court changed anything in the scheduling orders other than the date of the pre-trial conference and the date of the trial. To the extent that Judge Sanders' rulings were based on the Special Master's findings, it is unlikely that Judge Lynn would want to change them, because she has great respect for the Special Master.

The Rambus decision by the Court of Appeals has nice language on the singular/plural claims construction issue, but doesn’t change the standard used by the Special Master and presumably Judge Sanders. It provides no reason to reopen the summary judgment motions, in my opinion.

Every couple months loophole confidently states that in the Nokia contract InterDigital warranted to Nokia that it would pursue the Ericsson litigition to a successful judicial resolution, or similar language. I am never sure what kind of resolutions of the Ericsson litigation would be outlawed by the Nokia agreement, according to loop. I would think that a settlement based on a one time payment for past infringement and future use would not be in InterDigital’s interest and would not help in setting the rate for the accruing Nokia royalties, but I doubt that InterDigital would warrant to Nokia anything specific about how far they would be required to pursue the litigation.