Replies to post #359595 on InterDigital Inc (IDCC)

[mister]

I agree. The cafc case will become moot when the ITC deals with the new patents. Its the only thing that makes sense and explains the delay.

If that was the case why wouldn't the judge notify the parties and suspend the case?

[olddog967]

ziplock/mister: The new ITC case filing does not make the old case moot. It is important that a decision be issued in the original case, especially if it is favorable to IDCC.

In the event there is no settlement with Nokia, and it comes down to a damages award, damages only apply for infringement after the patent application publication date. Therefore, if the original case was moot, and infringement was found against new patent 7970127, damages would only apply after Sep 3, 2009, the application publication date of that patent.