What the hell would have changed to allow, after a win on appeal, an ITC ALJ to have a second chance to rule on the issue of infringement? And would this ruling (with commission assent) be appeal-able?
I think a lot of posters are confused on this issue, and a lot of misinformation has been posted here.
My understanding (which may be wrong): The CAFC is going to decide claims construction, nothing more. If IDCC wins the appeal, there will be a remand to the ITC. Infringement, or lack thereof, will have to be determined anew. Further, the ITC commission never took a stand on the patent validity. NOK will be able to take another stab at that.