Motion to dismiss

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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…

The U.S. Federal Trade Commission (FTC) moved to dismiss patent monetization entity MPHJ’s W.D. Tex. complaint on Monday, alleging that the court lacks jurisdiction over the matter. Back in January 2014, MPHJ filed a complaint against the FTC in W.D. Tex., preemptively seeking to prevent an enforcement action threatened by the FTC. The FTC’s enforcement…

Today, the Second Circuit will hear argument in an important case on the extent that foreign injury (reduced foreign sales and closure of foreign plants) arising from foreign RAND breaches can have remedy in the U.S. based on their impact on U.S. commerce.  The case, Lotes Co., Ltd. V. Hon Hai Precision Industry Co., Ltd.…

This past Friday, Judge Richard Andrews of the District Court of Delaware held a hearing on InterDigital’s motions to dismiss several FRAND-related counterclaims in three district court cases InterDigital brought against Huawei, ZTE, and Nokia over 4G-essential patents.  For a brief refresher on the issues raised in InterDigital’s motions to dismiss — which have been…

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…

While InterDigital continues to press its claims of 3G- and 4G-essential patent infringement in the International Trade Commission against Huawei, Nokia, Samsung, and ZTE (Inv. No. 337-TA-868), the companies have also been fighting about FRAND-related issues in Delaware, where some of defendants have asserted FRAND-related counterclaims against InterDigital.  A few weeks back, we noted InterDigital had asked the court to dismiss Huawei and ZTE’s FRAND counterclaims, arguing that they were not ripe and were not properly pleaded, among other reasons.  Last Thursday, Huawei and ZTE filed their opposition to the motion to dismiss [LINK].
Continue Reading Huawei, ZTE tell Delaware court that their FRAND claims against InterDigital should not be dismissed

Earlier this month we covered InterDigital’s efforts to dismiss Huawei and ZTE’s FRAND counterclaims, which were asserted against InterDigital in litigations in the U.S. District Court in Delaware.  Yesterday, InterDigital filed another motion to dismiss FRAND-related counterclaims in a different Delaware district court litigation — this time, InterDigital seeks to have Nokia’s FRAND counterclaims…