Legal News

InterDigital Gets a Second Chance at ITC With Patent Case Against LG
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Though the U.S. International Trade Commission ruled that a patent dispute between two phone technology companies should be decided in arbitration, an appeals court said it’s not so. The dispute between InterDigital Communications Corp and LG concerns patent disputes over 3G products – wireless technology – and the case has been going back and forth between courts. One major contention is whether the U.S. Federal Circuit Court of Appeals had the right to say anything about the ITC and its ruling that the dispute be decided in arbitration. LG and the ITC say it has no jurisdiction to hear the case, but the Federal Circuit court disagrees, and has won the day on that account: the dispute about clauses in their agreement will instead be held again, and by ITC.

Why the ITC? InterDigital may prefer such a venue because they can block imports of infringing products to the U.S. That has been a tactic of InterDigital as they have taken on several companies for patent disputes, including Nokia Inc, who has appealed to the U.S. Supreme Court that as a foreign company they should not have to appear before the ITC. The Supreme Court has not decided whether they will hear this case.

  
What
Where


Circuit Judge Sharon Prost wrote for the majority that LG and ITC were “overly restrictive” in their view of the appellate court’s jurisdiction, as reported by Reuters. She also claimed that the ITC judge had ended proceedings without assessing if LG’s claim for license arbitration “was at least plausible,” and instead found that LG’s assertion was “wholly groundless” because the clause did not apply to the technology in question.

The tactic seems to be stacking the courts against each other, only to send the case back to ITC to get them to do their job right.

This case is InterDigital Communications v. International Trade Commission, U.S. Appeals Court for the Federal Circuit, No. 12-1628.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Land Use, Zoning Attorney with 2-6 years of real estate experience

USA-NY-Fishkill

Fishkill office of our client seeks land use, zoning and development attorney with 2-6 years of comm...

Apply Now

RELEVANT JOBS

Experienced Insurance Defense Attorney Needed

USA-NY-Bohemia

Insurance Defense firm (with 15 attorneys in Suffolk and Mineola location), seeks attorneys with 5+ ...

Apply now

Corporate / Commercial Attorney | Lebanon, NH

USA-NH-Lebanon

Downs Rachlin Martin PLLC seeks an experienced corporate / commercial attorney to join its Lebanon o...

Apply now

Business Law Junior Associate | Burlington, VT

USA-VT-Burlington

Downs Rachlin Martin seeks associate attorney with 1-3 years of experience to join its Commercial an...

Apply now

Business Law Associate | Burlington

USA-VT-Burlington

Downs Rachlin Martin is seeking an attorney with 4 to 8 years of experience to join its very busy pr...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top