ITC ends eight-year InterDigital v Nokia dispute
The US International Trade Commission (ITC) has terminated an investigation into InterDigital’s claim that Nokia’s mobile phones infringed two of its patents.
Ruling on the issue for the second time on Friday, August 28, the ITC again found in favour of Nokia and said there had been no infringement.
The long-running dispute began in 2007 after InterDigital requested that the ITC halt the importation of Nokia phones that allegedly infringed its US patent numbers 7,190,966 and 7,286,847.
Both patents cover the use of 3G technology in mobile phones.
Lisa Barton, secretary to the ITC, wrote: “The ITC has determined to find no violation of section 337 with respect to the ‘966 and ‘847 patents.”
In its first ruling, handed down in 2009, the ITC also said there was no infringement.
But in 2012 the US Court of Appeals for the Federal Circuit reversed that decision after InterDigital appealed against the ruling.
The reversal was ordered on the grounds that the ITC incorrectly construed the claims asserted in the patents.
Nokia’s appeal for an en banc re-hearing at the federal circuit was rejected in January 2013 and the case was remanded back to the ITC.
On Friday the ITC again found that there was no infringement and ruled in favour of Nokia.
Microsoft, which purchased Nokia’s mobile phone handset business in 2014, was added as a party to the investigation following the sale.
A spokesperson for InterDigital said: “Today’s decision is disappointing but it is expected to have a limited impact on our going-forward business, given the decline of the Nokia mobile device business under Microsoft’s control and its limited market position.”
Michael McManus, partner at law firm Duane Morris, said the ITC "took a broad view of its authority with Friday’s notice in order to achieve a rational result".
"This result is consistent with the ITC's demonstrated reluctance to issue an exclusion order against the importation of smartphones," he added.
Last week, in a separate lawsuit, Microsoft sued InterDigital at the US District Court for the District of Delaware arguing that it had requested a “discriminatory” licensing rate for 3G and 4G standard-essential patents.
Microsoft claimed that InterDigital breached US anti-competition law by abusing its monopoly on its 3G and 4G-related patents and asking for a licensing fee that did not comply with fair, reasonable and non-discriminatory terms.
A spokesperson for Microsoft said: "We’re grateful that the ITC stopped InterDigital from trying to block our products. We’ll continue to pursue our separate suit addressing InterDigital’s unlawful conduct and abusive patent licensing scheme.”
