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U.S. ITC Rules In Favor Of InterDigital In Patent Litigation With Microsoft

InterDigital, Inc. (IDCC) said that it has received a Notice of the Initial Determination On Remand by the Administrative Law Judge or "ALJ" in U.S. International Trade Commission or "ITC" or the "Commission" investigation No. 337-TA-613 in which the ALJ finds that the company has prevailed in its complaint against respondents Nokia Corporation, Nokia Inc. and Microsoft Mobile Oy.

The Notice stated that the ALJ's initial determination found that Nokia and Microsoft Mobile products infringe two InterDigital patents, that there is no evidence that InterDigital has engaged in "patent hold-up", and that Nokia and Microsoft Mobile's claims that InterDigital's FRAND commitments preclude relief do not have merit.

It also held that there is evidence of "reverse patent hold-up" by one or more of the Nokia and Microsoft Mobile respondents in the case. "Reverse patent hold-up" generally refers to implementing standards-based technology without being genuinely willing to obtain and pay for a license on FRAND terms and conditions to the owner of patents related to that technology.

In the 613 Investigation, first filed in 2007, 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 2013, 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.

The ITC's Final Determination in the investigation is currently expected by August 28, 2015.

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