InterDigital Inc (IDCC)

[olddog967]

vg: I think the OUII staff attorney's response is probably related more to the domestic industry requirement than to claims construction.

The staff attorney's participation in the investigation was limited to the '013 and '127 patents. During the hearing he stated that these patents were not infringed and were invalid based on prior art. Since this was basically the same as the finding of the ALJ, I doubt that he would request a review of that subject.

Where the staff attorney differed from the ALJ was in regard to domestic industry. He stated that there was insufficient evidence to demonstrate domestic industry in regard to the two patents, while the ALJ found that IDCC met the domestic industry requirement.