Replies to post #361790 on InterDigital Inc (IDCC)

[BlueTower]

olddog – follow up LG question, plus

As I posted earlier I believe the CAFC filing is an appeal of the termination order. What is interesting is that so far CAFC PACER does not contain any information about the case.

1. Could this mean that the appeal hasn't even got to the stage where the CAFC has agreed to hear the case?

2. Probably dumb question, but do we have access to the LG/IDDC contract that explains why LG apparently thinks they have the right to arbitrate a new license? It would seem to be more viable to take this position if they had some kind of a “continuation” clause in the old license that allowed for this, but would have (hopefully) required them to pay the old rate while they pursued arbitration. It would also seem to be more viable if they hadn't waited a year and a half, and only when sued to raise this "defense" / “alternative right” (especially with the new LTE patents)

I certainly hope this part of new licenses is being nailed down to make it clear that the licensees don't have an unlimited "free ride" after the license expires, and the licensees aren't covered for any new “core” technology that IDCC may develop (5G already being discussed).

With the LG/IDCC case and all of the recent debate on FRAND patents, I also wonder about the impact of the recent submissions by the Federal Trade Commission (FTC) in the ITC cases of MOTO v. Apple and others, stating their believe (concern) that an ITC embargo should not be used for FRAND patents - but instead those cases be handled by a District court (or arbiter) that can set a rate. I couldn't find the FTC submission that I read, so I am going on memory. It may have been specific to cases where the "defense" is that an unfair rate is being demanded. Regardless this could throw another "worm" into the "can of worms" in getting our patents licensed. I wonder if it had an impact in the ITC’s ruling in the LG/IDCC case.

I can only imagine what Samsung and Apple may try, and how long it could take. I hope that the LG/IDCC, Apple/Samsung, Apple/MOTO, and other cases set a “precedence” for FRAND case procedures, and rates.

JMO

BlueTower