Revlis--If IDCC lost an infringement action against a party in federal district court, then the rules of res judicata would apply to trying to relitigate those patents against the same party. You could try again with different patents, and, perhaps, against different products with the same patents as long as those patents were found to be valid in the first case. I think the same rules would apply if a party lost an ITC investigation and wanted to bring another case against the same party at the ITC. I really can't comment on the Motorola case because one would have to examine the findings of the judge and jury as modified by the appeal court and then determine which 2G patents remained valid and were not part of the first case that might provide the infringment claims that could then be the basis for a second case. MO
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