Replies to post #268689 on InterDigital Inc (IDCC)

[revlis]

whizzer,

Would it be allow to influence the jury. Could it be introduced as evidence to influence the jury decision.

mo

[revlis]

Whizzer,

I want you or loop, ghors or JD to correct me if I am wrong.

If a federal court would have found no infringement, could IDCC litigate again against Nokia. When that question was asked of Motorola, I think we were told that it would be a risky thing to do.

In the ITC, we were told by Merritt that IDCC can litigate again. I think IDCC would suffer no damaging consequences except legal fees.

mo

[Data_Rox]

whizz / ghors - - informative posts today, thanks

So if there is an appeal filed by IDCC and granted, and the ALJ is overturned and Nokia is found to infringe on any of the claims of these 4 patents....there is no real ongoing teeth to the ruling and Nokia can continue to appeal and litigate these infringement claims in another venue??? It's only when there is a jury trial?

Dang you lawyers know how to keep the clock running

My answer would be no, that even if Nokia failed to appeal the validity decision to the full commission (which I have no doubt that they will do) they would be free to relitigate it in the federal district court infringment case. The case law is conclusive that usual rules of collateral estoppel and res judicata from administrative agencies do not apply to jury issues in federal district court infringement actions. reason is that both parties in an infringement action were always entitled to a jury trial on infringement. When Congress passed the ITC act, there was no indication that Congress in any intended to interfere or impact that right. As a result, the ITC decisions, although provided to the district court, are not binding on the jury. MO