Evidentiary Hearing in ITC Remand of Nokia/Microsoft Mobile Investigation Commences
January 26 2015 - 9:40AM
InterDigital, Inc. (Nasdaq:IDCC), a mobile technology research and
development company, today announced the commencement of the
evidentiary hearing in the remand of U.S. International Trade
Commission ("ITC" or the "Commission") investigation No. 337-TA-613
(the "613 Investigation") of the company's complaint against
respondents Nokia Corporation, Nokia Inc. and Microsoft Mobile Oy
(collectively, "Nokia and Microsoft Mobile"). In the 613
Investigation, InterDigital seeks an exclusion order prohibiting
the importation into the United States of Nokia and Microsoft
Mobile devices with 3G WCDMA capabilities that infringe two
InterDigital patents.
In its opening arguments, InterDigital noted the positions that
the Office of Unfair Import Investigations Staff (the "Staff") has
adopted in the Staff's prehearing brief. The Staff supports
InterDigital on all issues, including infringement of both of the
asserted Power Ramp-Up patents and all public interest issues,
including those related to licensing of standards-essential patents
on Fair, Reasonable and Non-Discriminatory ("FRAND") terms. The
Staff therefore recommends that the Administrative Law Judge find
that Nokia and Microsoft Mobile have violated Section 337 and that
an exclusion order should issue.
With respect to the FRAND issues, the Staff agrees with
InterDigital that InterDigital has not engaged in "patent hold-up,"
and that Nokia and Microsoft Mobile are unwilling licensees and
have engaged in reverse patent hold-up. This refusal to license by
Nokia and Microsoft Mobile is relevant to showing that it would not
be against the public interest to issue exclusionary relief if a
violation of Section 337 is found. The Staff's opinions are not
binding on either the Administrative Law Judge presiding at the
hearing or the Commission.
The 613 Investigation was remanded to the ITC from the U.S.
Court of Appeals for the Federal Circuit, which held that the
Commission had erred in interpreting certain claim terms in
InterDigital's patents. Those erroneous interpretations, which 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.
About InterDigital
InterDigital develops technologies that are at the core of
mobile devices, networks, and services worldwide. We solve many of
the industry's most critical and complex technical challenges,
inventing solutions for more efficient broadband networks and a
richer multimedia experience years ahead of market deployment.
InterDigital has licenses and strategic relationships with many of
the world's leading wireless companies. Founded in 1972,
InterDigital is listed on NASDAQ and is included in the S&P
MidCap 400® index.
InterDigital is a registered trademark of InterDigital, Inc.
For more information, visit: www.interdigital.com.
CONTACT: Patrick Van de Wille
Email: patrick.vandewille@interdigital.com
+1 (858) 210-4814
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