ITC Starts Hearing Evidence in InterDigital Patent Claims Against Nokia

The evidentiary hearing in the United States International Trade Commission (USITC) investigation against Nokia - requested by InterDigital started today. In opening statements InterDigital reiterated its position that Nokia engaged in unfair trade practices by selling for importation, importing into the United States, and selling after importation certain 3G handsets and components that allegedly infringe four of InterDigital’s patents.

InterDigital’s complaint against Nokia seeks an exclusion order barring from entry into the United States infringing 3G WCDMA handsets and components that are imported by or on behalf of Nokia.

Nokia argued that no exclusion order should be entered against Nokia’s 3G WCDMA handsets or components. The Commission Staff also recommended no violation, echoing a recommendation similar to the one the Staff made in an earlier USITC case involving InterDigital and Samsung, which was settled in connection with a payment of $400 million by Samsung to InterDigital for a 2G and 3G patent license. InterDigital noted though that the earlier case with Samsung included all of the patents in the Nokia case and was settled before an initial determination was issued by the Administrative Law Judge (ALJ). The Staff’s recommendation is not binding on either the ALJ assigned to the investigation or on the USITC. Typically, the ALJ’s final determination does not fully align with the recommendation of the Staff.

“We are confident that a thorough and independent review of the facts will allow us to secure the appropriate relief against Nokia,” commented Lawrence F. Shay, President of InterDigital’s patent licensing subsidiaries. “The strength and validity of our 3G patent portfolio has supported our ability to license approximately 50 percent of the 3G handset devices sold today.”

Under the current schedule, the evidentiary hearing is expected to end on June 2, 2009. The ALJ’s final initial determination in the investigation is scheduled to be filed no later than August 14, 2009, and the target date for the USITC to render a final determination is set for December 14, 2009.

Posted to the site on 26th May 2009