Msg. 46133 of 48237 (This msg. is a reply to
46131 by
my3sons87)
Jump:
If LG admits to infringement, validity and narrows the scope of the arbitration to royalty rate, I believe the arbitrators will accept and proceed on the application. The problem is the non-existence of Frand rate determination for the arbitrators to follow. Further, the subject matter will be limited to 3g and LG is infringing our Lte patent portfolio.
The good or bad news depending upon the outcome is the EU is considering solving the FRAND rates for LTE. This could be a great deal for IDCC. Even though it would only apply to European jurisdiction, I believe other jurisdictions around the world will follow and global rates will be set.
Regarding the CAFC appeal, I would not hold our breath. The general rule is that any agreement of arbitration will be honored by the courts unless a company seeking arbitration behaves like Nok and engages in scorched earth litigation thereby waiving its right to arbitration.
decision with the CAFC and the case file was transferred to the CAFC yesterday by the ITC, how likely is it that IDCC is participating in the Arbitration filed by LG back in March. (I think IDCC is not participating and is taking the matter up with the CAFC). Personally, I feel the ITC blew this arbitration decision and simply kicked it down the road.
from ICC 10Q(In addition, on June 4, 2012, the ALJ granted LG's motion to terminate the investigation as to LG, and on June 11, 2012, InterDigital petitioned for review of this order. On July 6, 2012, the Commission determined not to review the ALJ's order and terminated the investigation as to LG. InterDigital has 60 days from issuance of the Commissions's July 6, 2012 notice to appeal if it chooses to do so.)
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