Friday, InterDigital, Inc. (IDCC) announced that the Chief Administrative Law Judge or CALJ, who oversees the patent infringement filed with the U.S. International Trade Commission by InterDigital Communications, LLC and InterDigital Technology Corp. against Nokia Corp., (NOK) and Nokia, Inc., has filed an initial determination saying that there was no violation of Section 337 of the Section 337, by Nokia.
In 2007, InterDigital filed a complaint with the commission, alleging that Nokia engaged in unfair trade practices by selling for importation into the U.S., importing, and selling certain 3G handsets and components that infringe four of InterDigital's U.S. patents.
Now, the ALJ has determined that the patents, while valid and enforceable, are not infringed by Nokia's 3G WCDMA handsets.
The King of Prussia, Pennsylvania-based InterDigital said that it has not yet received the full initial determination. However, the company plans to submit a petition for review of the initial determination to the full commission.
According to the rule, InterDigital has 12 days after service of the full initial determination to submit a petition for review to the full commission. The commission is expected to decide whether it will review the initial determination within 60 days of service of the full initial determination. If the commission does not grant a review of the initial determination, or grants a review but finds no violation, InterDigital has 60 days to file an appeal with the U.S. Court of Appeals for the Federal Circuit. If the commission grants a review of the initial determination, the commission's final determination is expected to be issued by December 14, 2009.
Commenting on the determination, InterDigital's president and chief executive officer, William Merritt said, "While we are disappointed with the ALJ's determination, the patents asserted in this case represent a very small fraction of our total 3G portfolio. We currently hold and continue to receive patents covering inventions that we believe are essential to the 2G, 3G and emerging LTE standards. Other manufacturers, representing roughly half the 3G market, have recognized our intellectual property's strength and relevance and entered into licensing agreements with us. We, therefore, remain confident in our goal of licensing all manufacturers of 3G terminal units."
IDCC closed Friday's regular trading at $29.50, down $1.33 or 4.31% on a volume of 2.32 million shares. Further, the stock lost $8.23 or 27.90% on the news.
NOK closed Friday's regular trading at $13.03, down $0.13 or 0.99% on a volume of 17.19 million shares. However, the stock gained $0.13 or 1.00% in the after hours.
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