InterDigital (IDCC) Affirms Victory in Patent Appeal Against Nokia (NOK)
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InterDigital, Inc. (Nasdaq: IDCC) today announced that it has prevailed in a key appeal against Nokia NYSE: NOK) in the U.S. Court of Appeals for the Federal Circuit. The appeal related to the U.S. International Trade Commission’s (“Commission”) 2009 decision in Investigation No. 337-TA-613 initiated by InterDigital involving Nokia 3G WCDMA handsets and other products. The Federal Circuit held that the Commission had erred in interpreting certain claim terms in InterDigital’s patents. Those erroneous interpretations, which had led to the Commission’s finding of no infringement and therefore no violation as to the two patents that were the subject of the appeal, were reversed. The Federal Circuit adopted InterDigital’s interpretation of the claim terms at issue and remanded the case back to the Commission for further proceedings. In addition, the Federal Circuit rejected Nokia’s argument that InterDigital did not satisfy the domestic industry requirement, which is required to obtain relief from the Commission.
By rule, Nokia and the Commission have 45 days to petition for rehearing of the Federal Circuit’s decision and may petition the U.S. Supreme Court for a writ of certiorari within 90 days after entry of the judgment or a request for rehearing is denied, whichever is later. After the time period for petitioning for rehearing passes or the Federal Circuit denies any such petition, the Federal Circuit will issue its mandate remanding the case for further proceedings by the Commission.
On remand to the Commission, InterDigital will seek an exclusion order barring entry into the United States of all infringing Nokia products employing 3G WCDMA technology. The former Chief Administrative Law Judge (“Chief ALJ”) previously found that the two InterDigital patents at issue in the appeal were valid and enforceable. The Commission adopted the Chief ALJ’s enforceability determination and reserved final judgment on patent validity. InterDigital believes that the Federal Circuit’s action should not substantively affect the Chief ALJ’s finding that the patents are valid. Although Nokia may attempt to pursue both invalidity and noninfringement arguments before the Commission during a remand proceeding, InterDigital believes that those arguments lack merit and that the Commission should confirm infringement by Nokia’s 3G WCDMA products.
While the exact timeline and procedure for the remand proceedings have not yet been set by the Commission, InterDigital believes that the remand will lead to an exclusion order barring Nokia from selling for importation, importing, or selling after importation Nokia’s 3G WCDMA handsets and components that infringe InterDigital’s patents, and also barring Nokia from selling such devices already in the United States.
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By rule, Nokia and the Commission have 45 days to petition for rehearing of the Federal Circuit’s decision and may petition the U.S. Supreme Court for a writ of certiorari within 90 days after entry of the judgment or a request for rehearing is denied, whichever is later. After the time period for petitioning for rehearing passes or the Federal Circuit denies any such petition, the Federal Circuit will issue its mandate remanding the case for further proceedings by the Commission.
On remand to the Commission, InterDigital will seek an exclusion order barring entry into the United States of all infringing Nokia products employing 3G WCDMA technology. The former Chief Administrative Law Judge (“Chief ALJ”) previously found that the two InterDigital patents at issue in the appeal were valid and enforceable. The Commission adopted the Chief ALJ’s enforceability determination and reserved final judgment on patent validity. InterDigital believes that the Federal Circuit’s action should not substantively affect the Chief ALJ’s finding that the patents are valid. Although Nokia may attempt to pursue both invalidity and noninfringement arguments before the Commission during a remand proceeding, InterDigital believes that those arguments lack merit and that the Commission should confirm infringement by Nokia’s 3G WCDMA products.
While the exact timeline and procedure for the remand proceedings have not yet been set by the Commission, InterDigital believes that the remand will lead to an exclusion order barring Nokia from selling for importation, importing, or selling after importation Nokia’s 3G WCDMA handsets and components that infringe InterDigital’s patents, and also barring Nokia from selling such devices already in the United States.
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