Msg. 45571 of 48237 (This msg. is a reply to
45567 by
Data_Rox)
Jump:
DR: Delaware?
Yes. If the CAFC rules in NOK's favor, the stay of the Delaware case can go away and we can pursue action in Delaware in parallel with the current ITC action. I think.
If the ITC agrees to undertake a 337 investigation, the respondent/defendant should be allowed to make the required admissions and seek a determination of a FRAND royalty rate in another venue and the ALJ upon motion should stay the 337 investigation until the rate is set completing the formal licensing which would trigger the dismissal of the 337 proceedings or evidence is presented that the respondent is unduely delaying the rate setting action necessitating a removal of the stay. This would relieve the threat of a ban and accomplish the stated goal of the ITC to encourage resolution of disputes between US patent holders and those using the patent without agreement.
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