Replies to post #216771 on InterDigital Inc (IDCC)

[infinite_q]

Loop, correct me if I misunderstood the process here, but I thought that if IDCC went up against SAM alone and they succeeded in defeating any invalidity defenses SAM puts up and they prove that SAM infringes the patents, then NOK's options at a later trial will be more limited. I thought NOK will not be able to subsequently use the same invalidity arguments/evidence SAM presented and NOK will not be allowed to re-argue the claims construction that the ALJ ruled on in the SAM trial. This would make it really hard for NOK to come up with new prior art or find something in the prosecution history that SAM missed to argue invalidity, and they will know, based on the claims construction from the SAM trial, whether they have any chance of showing their handsets don't infringe.

Why do you think they will have an easier time of winning later, if SAM fails now?

[warbil]

Loop and Whizzer,

I don't believe Nokia's counsel is that lucky. Based on the turn of events over the last several weeks, I would venture to guess that Nokia's counsel is very well connected at the SDNY at both the district level and the appeal level. A few well placed calls at an opportunistic moment can do wonders for your legal strategies. Judge Batts knew she would get appealed no matter what she ruled so she didn't bother to put any time into it. She just passed it upstairs as she likes to describe it. I don't have any confidence that the CCA will get it right either.

IDCC needs to change the venue from the SDNY. If IDCC were to go back to Delaware, you can be sure Nokia would bring on another firm with connections there as well. IDCC needs to conflict out the good firms before Nokia can grab them.

I am also in the camp that prefers that IDCC separate Nokia from the ITC proceeding and go after Samsung alone as close to the original schedule as possible. Nokia risks having some or all of the patents declared valid and infringed or having some of their affirmative defenses decided before they get a chance to argue them. Sure they get a trial run but I don't think they favored that position the first time around. Can they get their case reassigned from Judge Luchern? Who knows but what if they can't. It just might spur "substantial progress" in the settlement discussions again and IDCC would be in a better position to dictate the final terms this time around. I don't want IDCC to give anything to Nokia. No prepayment discounts, no break on volumes, nothing, nada, zilch.