Replies to post #182507 on InterDigital Inc (IDCC)

[olddog967]

Count: Here is an abstract from a very good article on Understanding and Surviving ITC Litigation. This portion covers preparing the complaint.

This spotlight on timing begins with preparing the
complaint. The prospective complainant should con-
sider the desired timeline for the investigation in
deciding which respondents to pursue, how many
patents to press, and which claims of those patents to
assert. Each of these factors plays a role in the ulti-
mate “target date,” the date for the ALJ’s initial deter-
mination, which will be set by the ALJ. Of course, the
ALJ’s current caseload and available hearing dates also
play a role in setting the target date. If your company is
the complainant, consider the complexity of the patents
involved: how easy will it be to explain this technology
to the ITC staff and the ALJ? Also, the more patents in
the investigation, the further out the target date may be
and, ultimately, the final determination. Thus, well in
advance of filing the complaint, make these strategic
decisions, and always keep these factors in mind in
selecting what patents and claims ultimately to assert.
The drafting process may take more time than
anticipated because of the rigorous pleading require-
ments set out in Rule 210.12. In addition to any
reverse engineering work that may be required to
prove infringement, once the patents have been
identified, it may still take upwards of a month to
gather and detail the requisite information in a full,
accurate, and persuasive manner in the complaint. In
addition, while drafting the complaint, you will likely
need to obtain more detailed pertinent information on
both the technical and the economic issues from the
appropriate people in your company. This step can be
particularly challenging because the information
required by the complaint often comes from resources
spanning the company, including your technical, finan-
cial, marketing, operations, and executive employees.
This endeavor is far more complex than the prepara-
tion of the notice pleading allegations used in typical
patent infringement complaint

http://www.hewm.com/docs/en/itc.pdf


If you are interested in specific requirements, Sec 210.12 The Complaint, referred to in the above article is available on pages 200-203 of the ITC Rules

http://www.usitc.gov/secretary/fed_reg_notices/rules/itcrules307.pdf


Reverse engineering

I hope that IDCC has reverse engineered all the big 5 products (at a minimum) so they can state with specificity how their devices intersect IDCC's IPR when they have licensing discussions. While I'm sure it's not easy, the cost of getting doing the reverse engineering would be insignificant in relation to the potential revenues.

I'd love to hear from industry savvy folks (such as Eric or DataRox) to learn about what is done in preparation for negotiations.

[Danny Detail]

DD, Count and Olddog .. I'd love to hear from industry savvy folks (such as Eric or DataRox) to learn about what is done in preparation for negotiations.

EUREKA! I think you three just may have given the board an epiphany regarding why licensing negotiations and patent infringement actions can take far longer than what we as laymen would expect i.e., the requirement for a very complex and intensive reverse engineering in each instance.

MO,
Danny