Late yesterday, Administrative Law Judge Robert K. Rogers issued an order denying the motion brought by Huawei and ZTE (later joined by Nokia) to stay ITC Inv. No. 337-TA-868 pending the outcome of a potential FRAND determination in the District of Delaware. As we noted in our initial post on this motion, this is not altogether surprising, given the ITC’s statutory mandate to decide cases quickly. So it looks like InterDigital’s latest standard-essential ITC case will stick with the procedural schedule on a path to a December 2013 hearing. Huawei and ZTE’s quest to avoid a potential exclusion order, meanwhile, will shift to the Delaware district court, where they recently told the court that it could enjoin InterDigital from enforcing any ITC exclusion order on its SEPs until FRAND issues are resolved.
The order itself is confidential, but the screenshot below shows that the motion was denied in a fairly lengthy, 14-page order (although some of that is likely due to the service list). A public version of the order will likely issue at some point in the future, so we will do an updated post at that point to examine ALJ Rogers’ reasoning and basis for the denial.