Judge Richard Andrews of the District Court of Delaware dismissed Nokia and ZTE’s amended FRAND counterclaims against InterDigital on Wednesday, ruling that the amended declaratory judgment actions would not serve a useful purpose in the context of the parties’ ongoing litigation. Nokia and ZTE’s FRAND counterclaims involve around 500 patents identified to ETSI as possibly

CAFC

Motorola and Apple are currently facing off over patent-related issues in several ongoing judicial proceedings, including multiple appeals before the United States Court of Appeals for the Federal Circuit.  One of these Federal Circuit appeals was brought by Apple over Judge Crabb’s dismissal of Apple’s claims that Motorola violated the antitrust laws and breached its contracts with SSOs in conducting its SEP-related licensing and enforcement activities.  But on January 25, Motorola filed a motion with the Federal Circuit to dismiss Apple’s appeal (or transfer it to the Seventh Circuit), asserting that the Federal Circuit lacks jurisdiction to hear the case.  While at first blush this seems like just a mundane dispute over civil procedure issues, a decision on this motion may have significant consequences for future FRAND-related proceedings.


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