Replies to post #399685 on InterDigital Inc (IDCC)

[olddog967]

Ia-idcc-fan: Since when has trying to interpret patent law as applied in specific cases been easy, especially in this case where there are many factors in play.

All we have seen so far are Nokia and Microsoft's petitions which claim that IAW issue preclusion the claim construction and non-infringement findings in the 800 and 868 case should over ride the ALJ's remand decision in the 613 case. The staff attorney's petition did not go quite that far and basically asked the Commission to somehow clarify the conflicting opinions.

IDCC's redacted public replies to the petitions should be posted late this week or early next week. I am sure that they will respond in detail, with appropriate legal support, to contest the petitions, and to request the Commission to accept the ALJ's infringement finding.

I recommend that you just wait for the IDCC responses, and then do some more research, if you think necessary.

[la-tsla-fan]

I said in my earlier post:

"Since different terms were ruled on in the two CAFC decision, where does preclusion enter the picture? And what makes the claims mutually exclusive interpretations?"

I have just reviewed the summary of IDCC's response to the Nokia/MMO request for review. IDCC attorneys cleverly do not even address "preclusion". They take the view that Nokia/MMO waived the arguments they used later in the 800 and 868 investigations by not bringing them up in the 613 investigation. To a layman like me, it makes sense to play a game by a defined set of rules which cannot be changed later at the whim of one of the players. However, the law is a minefield which contains mines that can be exploded by unconventional or unintended means - the exact situation in which political pressure works best (unfortunately).

A denial of review of any part of the RID is the ONLY reasonable option available to the full Commission since all review requests are based on arguments already considered and rejected by the Commission in drafting their remand instructions. However, I have been so conditioned to expect the unexpected from the ITC, I will be very pleasantly surprised if a denial is what indeed happens.

jmo
LA