Replies to post #214858 on InterDigital Inc (IDCC)

[badgerkid]

Ghors, Whiz, Loop, what are we ultimately talking about? The ITC will proceed with or without Interdigital with regards to Nokia or am I missing something? The ITC is still proceeding with regards to Samsung as well, isn't it? Can you break it down for me?

TIA

Badger

[whizzeresq]

Ghors--There is a doctrine known as "prior action pending," which means that a court should not assume jurisdiction and hear the case if there is another action pending involving the same claims that has already been filed. For example, in the Ericy case, IDCC sued for patent infringement in one federal court and Ericy on the same day filed a suit to declare the patents invalid. These two cases were consolidated into one case in one court. Likewise, the arbitration claim arising out of the license defense should have been a Nokia defense in IDCC's suit against Nokia in Del. and therefore should have been dismissed by the NY judge or consolidated with the Del. case and decided by the Del. judge. The prior action pending defense would have had to have been raised by IDCC to Judge Batts in NY and I do not know if they did. If they didn't it was probably waived and would not be considered on appeal. IMHO