Replies to post #268321 on InterDigital Inc (IDCC)

[frobinso]

The Net, someone mentioned that if IDCC appeals it to the commission and it is accepted, that Nokia can also still challenge the validity findings, so it sounds like there is also risk of the commission coming back with a different finding on validity, as well as reversing the infringement findings.

How would it be for them to come back with an infringement finding, but that the patent is found to be invalid and/or unenforceable - in that case we would be in the same boat, or find a bigger hole in it. I think the commission is wide open as to their findings and what they come back with - there are no guarantees when pursuing a reversal if we will end up better off than Luckerns ruling.

[revlis]

Remember the "if" issue of patent '791.

We knew that the common meaning of "if" is "if" and not "when".

Somehow the staff and the ALJ said that "if" meant "when"

The commission agreed with us and said "if" meant "if" and reversed and remand the decision.

I thought this was an aberration. I am not sure anymore. We will see.

mo

[slacker711]

I doubt that you expected a non-infringement recommendation on all claims.

Expected? No, I thought that the odds were favorable to IDCC.

However, I certainly wasnt surprised or even caught off guard by the verdict. I explicitly characterized going to decision as a very high risk/high reward kind of venture....that obviously means that a loss is a real possibility.

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=39988692

Fundamentally, I see a loss as possible in almost any patent litigation. So much turns on the ability of the lawyers to get their claims construction accepted by the judge that it is virtually impossible to ever have much certainty as to how things will turn out.

Slacker