UPDATE: Microsoft (MSFT), Nokia (NOK) Found to Infringe on InterDigital (IDCC) Patents
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UPDATE - ITC Administrative Law Judge, Theodore R. Essex, offered the following commentary today:
On this date, the ALJ issued initial determination on remand in the above-referenced investigation. It is held that the accused Nokia handsets meet the "generated using a same code" limitation and "the message being transmitted only subsequent to the subscriber unit receiving the indication" limitation in the asserted claims of U.S. Patent No. 7,190,966 and in the asserted claim of U.S. Patent No. 7,286,847. It is held that the 3GPP standard supports a finding that the pilot signal (P-CPICH) satisfies the claim limitation "synchronize to the pilot signal" as recited in the asserted claim of the '847 patent by synchronizing to either the P-SCH or S-SCH signals under the Commission's constmction of that claim limitation. It is further held that the currently imported Nokia handsets (1) contain chips that were not previously adjudicated and (2) infringe the asserted claims of U.S. Patent Nos. 7,190,966 and 7,286,847. It is further held that there is no evidence of patent hold-up, that there is evidence of reverse hold-up, and that public interest does not preclude issuance of an exclusion order.
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