FRAND issues are being hashed out in a lot of jurisdictions right now. Microsoft and Motorola are warring in Washington state, Apple and Motorola are fighting at the Federal Circuit, and Apple and Samsung are awaiting the International Trade Commission’s upcoming ruling later this month. Noted non-practicing entity InterDigital, meanwhile, has been trying to get Huawei and ZTE’s FRAND counterclaims tossed from district court in Delaware. Earlier this week, InterDigital filed a reply in support of its motion to dismiss, reiterating its assertions that Huawei and ZTE’s claims were compulsory counterclaims to an earlier action, would not narrow the dispute between the parties, and also fail to state a cause of action under the applicable law.
We’ve previously examined InterDigital’s arguments supporting its motion to dismiss, and it doesn’t look like InterDigital has raised dramatically different arguments in its reply, so we’ll just let you take a look at the reply for yourselves rather than doing a deep-dive summary. (For reference, here is our prior post on Huawei and ZTE’s opposition to the motion to dismiss, as well.) Now it’s up to the court to rule on the motion, and we’ll provide an update and summary when that happens.