WILMINGTON, Del., Feb. 10, 2014 (GLOBE NEWSWIRE) -- InterDigital, Inc. (Nasdaq: IDCC ), a wireless research and development company ("InterDigital" or the "Company"), announced today the commencement of the evidentiary hearing in United States International Trade Commission ("ITC" or the "Commission") investigation No. 337-TA-868 of the Company's complaint against respondents Nokia, Samsung and ZTE involving certain 3G and 4G wireless devices (the "868 Investigation").
As is customary in ITC investigations, the positions of the Office of Unfair Import Investigations Staff (the "Staff"), which are not binding on either the Administrative Law Judge presiding at the hearing or the Commission, are presented at the hearing. As to the respondents' defenses relating to the licensing of standards-essential patents on a Fair, Reasonable and Non-Discriminatory ("FRAND") basis, the Staff takes the position that respondents have not demonstrated that the Company violated any FRAND commitments, and that an exclusion order should issue if a violation is found. Regarding ITC domestic industry issues, the Staff agreed that InterDigital has made the necessary substantial investment in research and licensing, but ultimately concluded that InterDigital has not fully satisfied the domestic industry requirement because, for the same reasons the Staff finds that the patents asserted in the case are not infringed, InterDigital allegedly did not show an article protected by the asserted patents. This is a new component in the Staff's present view to establish a domestic industry. In arriving at its conclusion that the power ramp-up patents are not infringed, however, the Staff failed to apply a key claim construction for those patents that had been previously rendered by the U.S. Court of Appeals for the Federal Circuit. The Staff instead adopted the claim construction for the power ramp-up patents used by the ITC in the Company's most recent Investigation No. 337-TA-800 (the "800 Investigation"), now on appeal to the Federal Circuit.
The Company has argued that the ITC is legally bound to follow the claim construction rendered by the Federal Circuit for the power ramp-up patents, making the ITC's determinations in the 800 Investigation erroneous and the Staff's conclusion in the current case incorrect as well. Indeed, on a related note, Samsung had asked the Administrative Law Judge in the 868 Investigation to find the two power ramp-up patents that were also at issue in InterDigital's successful appeal in Investigation No. 337-TA-613 of Nokia not infringed on the basis of the ITC claim construction from the 800 Investigation. That request was denied.
"We look forward to the ITC's examination of our complaint and are confident that, particularly in its examination of patents that have been proven through to the Federal Circuit, the ITC will provide us relief. Hopefully, a thorough examination of the case, the patents and our licensing practices will assist the parties in reaching an agreement and a license on fair terms," said Lawrence F. Shay, Executive Vice President of Intellectual Property and Chief IP Counsel with InterDigital.
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 .
Forward-Looking Statements
This press release contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. Such statements include information regarding our belief that, particularly in its examination of patents that have been proven through to the Federal Circuit, the ITC will provide us relief in the 868 Investigation. Words such as "will," "expects," "believes," variations of such words or similar expressions are intended to identify such forward-looking statements.
Forward-looking statements are subject to risks and uncertainties. Actual outcomes could differ materially from those expressed in or anticipated by such forward-looking statements due to a variety of factors, including, but not limited to, the final outcome of the 868 Investigation. We undertake no duty to update publicly any forward-looking statement, whether as a result of new information, future events or otherwise, except as may be required by applicable law, regulation or other competent legal authority.
Patrick Van de Wille Email: +1 (858) 210-4814
