What is the staff's agenda here? and why ignore the cafc?
On January 18, 2012, the Staff issued a Notice of Participation notifying the parties and the public that the Staff’s participation in this Investigation would be limited to issues relating to U.S. Patent Nos. 7,349,540, 7,536,013 and 7,970,127 (the “UEID patents”), and to Respondents’ misuse and/or FRAND defenses. The ALJ determined that there has been no violation of Section 337 in connection with the UEID patents. Although InterDigital disagrees with that determination, it has elected not to seek review of any portion of that determination at this time. In so doing, InterDigital recognizes that it cannot obtain a determination that Respondents have violated Section 337 in connection with the UEID patents in this Investigation, and that the UEID patents are no longer in issue in this proceeding. Notwithstanding the fact that the UEID patents are no longer in issue, and notwithstanding the Staff’s express public notice that its participation in this Investigation is limited to those patents, the Staff filed a Petition for Review concerning domestic industry as it relates to patents beyond the UEID patents. Given that this current participation by the Staff exceeds the bounds set forth in the Staff’s January 18, 2012 Notice, the Staff’s Petition for Review should be stricken and given no weight or effect.
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