Replies to post #143721 on InterDigital Inc (IDCC)

[whizzeresq]

Laranger--I'll try to respond to questions.
1. The judge will either agree or disagree when a request is filed with him. It could be in connection with the discovery schedule.
2. Again, if Nokia and IDCC do not agree on a proposed discovery schedule, IDCC will file a motion with the judge for limited discovery. IDCC would probably propose to do the following:
(a)send interrogatories asking Nokia to identify in detail how it has lost business as a result of IDCC's essentiality claims and to identify all witnesses of which Nokia is aware that have personal knowledge of such loss of business by Nokia,
(b)send a document request to Nokia asking Nokia to produce all documents that show Nokia has lost such business, and
(c)depose all witnesses that have a bearing on such loss of business claim.
Once this is done, if there were no evidence, IDCC would move for summary judgment and ask that further discovery be stayed pending the court's ruling on the motion for summary judgment. If IDCC wins, then the case is over. If not, then further discovery would be taken relating to the essentiality issues.
3. This is tough to explain to a non-lawyer. IDCC did not wait until the last minute to do anything. The parties are trying to work out an agreement as to deadlines for the completion of discovery. That is, deadlines for when depositions will be complete, the number of interrogatories and their deadline, etc. They have not yet reached such an agreement and may never do so. Perhaps they both need the extension to prepare their response to the court, including motions, or, perhaps, they are still negotiating over their commercial dispute.