As we noted earlier this week, the ITC is currently holding the evidentiary hearing in its investigation surrounding InterDigital’s 3G standard-essential patent infringement complaint against Nokia, Huawei, and ZTE (Inv. No. 337-TA-800).  As with many ITC hearings, much of the information is kept out of the public record (and that’s particularly true for FRAND-related issues, where sensitive licensing data is often discussed).  But today, the ITC just released the public version of Order No. 70, the confidential version of which originally issued way back in September 2012.  In this order, ALJ David P. Shaw ordered InterDigital and Nokia to both produce various information relating to the FRAND affirmative defenses raised by Nokia in the case, including license agreements, license negotiation documents, and other documents relating to FRAND.

The order itself is not that remarkable, and given the long length of time between the confidential version and the public version, the parties have likely produced this information.  But Order No. 70, like another order on a FRAND-related motion to compel granted by ALJ Shaw in Inv. No. 337-TA-837, clearly shows that ALJs at the ITC consider contemporary license agreements and licensing negotiations to be relevant to FRAND issues and defenses.  We will likely have to wait for the public versions of the parties’ respective post-hearing statements in Inv. No. 337-TA-800 to shed some more light on evidence regarding the FRAND issues in this case.