Replies to post #268750 on InterDigital Inc (IDCC)

[whizzeresq]

Olddog--One has to be careful in reading those case summaries. As the Fed. Cir. stated, the Dist. Ct. in an infringement action is free to give whatever preclusive effect to the ITC decision that the Court believes is justified. In a jury trial, it is up to the jury to determine infringement after the claims construction rulings are given to the jury by the judge for the jury to apply to the evidence (yea, right, in a technical case involving 16 claims, I can just imagine a jury listening and understanding the construction that is to be applied to each of those 16 claims and then evaluating all of the evidence and testimony as to each of those claims). A finding of infringement or non-infringement in an ITC case is evidence that is given to the jury at the trial, and it is up to the jury to give whatever weight it wants to that evidence. MO