InterDigital has moved to terminate the pending ITC investigation against LG (Inv. No. 337-TA-800) given the ITC’s recent noninfringement determination against Nokia and ZTE based on the same patents (see our Dec. 23 post).  InterDigital seeks to avoid litigating the infringement case anew against LG while simultaneously appealing the ITC’s noninfringement determination with respect to remaining respondents Nokia and ZTE (as discussed in our Jan. 3 post, InterDigital settled its dispute with Huawei earlier this year).

Recall that LG was initially dismissed from the ITC investigation in July 2012, after arguing that InterDigital’s infringement claims were arbitrable under a 2006 license agreement.  InterDigital successfully appealed the ALJ’s decision, and the Federal Circuit remanded LG back to the ITC.  In the meantime, InterDigital had continued litigating its claims against remaining Respondents Nokia, Huawei, and ZTE, who have since been ruled not to infringe the InterDigital patents (see our Dec. 23 post).  InterDigital is appealing that ruling to the Federal Circuit and argues the current investigation against LG (which is essentially just beginning due to the earlier dismissal) should be terminated, while reserving the right to assert the same claims in a subsequent investigation following the outcome of the appeal.