Evidentiary Hearing Commences in ITC Investigation of InterDigital Complaint
against Huawei, Nokia and ZTE
WILMINGTON, Del. -- February 12, 2013
InterDigital, Inc. (NASDAQ: IDCC), a wireless research and development
company, announced today that the evidentiary hearing in the United States
International Trade Commission (“ITC” or the “Commission”) investigation of
the company’s complaint against Huawei Technologies Co., Ltd., FutureWei
Technologies, Inc. d/b/a Huawei Technologies (USA) and Huawei Device USA,
Inc., Nokia Corporation and Nokia Inc. and ZTE Corporation and ZTE (USA) Inc.
(collectively, "Respondents") involving certain 3G wireless devices has
Unlike prior cases involving InterDigital, the Office of Unfair Import
Investigations Staff (the “Staff”) is not participating on all issues in the
case, limiting its involvement to two patents from one patent family. On
infringement and validity, in its pre-trial position the Staff did not support
the company’s position on those two patents. Regarding domestic industry
issues, the Staff raised questions as to whether the company had demonstrated
an adequate connection between its licensing expenditures and these two
patents to support the Commission’s domestic industry requirement. The Staff
is not participating in the investigation as to the other five of the seven
patents at issue and therefore has expressed no views at to those patents. As
to the requirement that companies license standards-essential patents on a
Fair, Reasonable and Non-Discriminatory (“FRAND”) basis, the Staff believes
Respondents have not demonstrated that the company violated any of its FRAND
commitments. The Staff’s recommendations are not binding on either the
Administrative Law Judge overseeing the proceeding or the Commission.
Typically, the Commission’s final determination does not fully align with the
Staff’s pre-trial position.
“We look forward to the ITC’s examination of our complaint and are confident
that the patents in this investigation give us a very strong case, including
patents related to those in the company’s recent successful Federal Circuit
appeal involving Nokia Corporation and Nokia Inc.,” said Lawrence F. Shay,
President of InterDigital’s patent holding subsidiaries. “Also, our company
has twice satisfied the domestic industry requirement in prior ITC cases
involving some of the same patent families that are involved in this case.
Overall, we believe our case is very strong and that we should prevail against
InterDigital develops fundamental wireless 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^®
InterDigital is a registered trademark of InterDigital, Inc.
For more information, visit: www.interdigital.com.
Patrick Van de Wille, +1 858-210-4814
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