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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting -- Ignore unavailable to you. Want to Upgrade?


To: slacker711 who wrote (78334)7/8/2008 10:34:41 AM
From: slacker711  Respond to of 197008
 
Sort of OT....it looks like the staff attorney is siding with Samsung in the IDCC ITC case.

biz.yahoo.com

Evidentiary Hearing Commences in ITC Investigation of Samsung's Infringement of InterDigital(R)'s 3G Patents
Tuesday July 8, 10:08 am ET

KING OF PRUSSIA, Pa.--(BUSINESS WIRE)--InterDigital, Inc. (NASDAQ:IDCC - News) announced today that the evidentiary hearing in the United States International Trade Commission (USITC) investigation captioned In re Certain 3G Mobile Handsets and Components Thereof, Investigation No. 337-TA-601 against Samsung Electronics Co. Ltd. and certain of its affiliates (Samsung) commenced today as scheduled.

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In opening statements InterDigital reiterated its position that Samsung has violated Section 337 by engaging in unfair trade practices by selling for importation, importing into the United States, and selling after importation certain 3G handsets and components that infringe five of InterDigital’s patents. InterDigital’s complaint against Samsung seeks an exclusion order barring from entry into the U.S. infringing 3G WCDMA handsets and components that are imported by or on behalf of Samsung.

As anticipated, Samsung argued that no exclusion order should be entered against Samsung’s 3G WCDMA handsets or components. At present, the Commission Staff (Staff) supports InterDigital on some issues and Samsung on others but ultimately recommends a finding of no Section 337 violation. The Staff recommendation is not binding on either the Administrative Law Judge (ALJ) assigned to the investigation or on the USITC. Typically, the ALJ’s final determination does not fully align with that of the Staff. In this case, as in other cases, the Staff position on certain key issues has not been adopted by the ALJ and the USITC

“We strongly believe we will demonstrate our case before the ALJ and the USITC and secure the appropriate relief against Samsung,” commented Lawrence F. Shay, InterDigital’s President of Patent Licensing. “We are confident that a thorough and independent review of the facts will support our views and we believe that our position is consistent with the facts discovered in the case.”

Under the current schedule, the evidentiary hearing is expected to end on July 15, 2008. The Administrative Law Judge’s final initial determination in the investigation is scheduled to be filed no later than November 25, 2008, and the target date for the Commission to render a final determination is set for March 25, 2009.