InterDigital Communications Inc., et. al. v. Huawei Technologies Co., Ltd., et. al., 1-13-cv-00008 (DED March 14, 2013, Order) (Andrews, J.).
Monday, March 18, 2013
No Expedited Trial of FRAND Defense
The court denied defendants' motions in two cases for expedited discovery and trial on their counterclaims to set a FRAND rate for three patents-in-suit. "The gist of the request is that each Defendant will be harmed if its products are excluded from the U.S. by the lTC, that the ITC cannot set a FRAND rate, and that the Plaintiff will not offer it a FRAND rate although it has an obligation to do so. . . . It does not seem to me like a very practicable idea to try to race to a partial judgment here so that each defendant will be in a better position in the ITC litigation. Therefore, I will deny the motion for expedited discovery and trial in the two cases."