On May 10, 2013, Nokia Inc. and Nokia Corporation filed with the U.S. Supreme Court a Petition For Writ Of Certiorari seeking review of the Opinion of the U.S. Court of Appeals for the Federal Circuit in InterDigital Communications, LLC v. Int’l Trade Comm’n, No. 2010-1093 (Aug. 1, 2012). In that case, the Federal Circuit reversed the Commission’s Final Determination of non‑infringement and affirmed the Commission’s conclusion that proof of a licensing domestic industry was satisfied, holding that: “It is not necessary that the party manufacture the product that is protected by the patent, and it is not necessary that any other domestic party manufacture the protected article. As long as the patent covers the article that is the subject of the exclusion proceeding, and as long as the party seeking relief can show that it has a sufficiently substantial investment in the exploitation of the intellectual property to satisfy the domestic industry requirement of the statute, that party is entitled to seek relief under section 337.” Nokia’s petition presents two questions: (1) “Whether the “domestic industry” requirement of Section 337 is satisfied by ‘licensing alone’ despite the absence of proof of ‘articles protected by the patent’”; and (2) “Whether underlying factual determinations in a patent claim construction ruling should be subject to deferential review by the Federal Circuit.” On May 31, 2013, the Supreme Court issued an Order setting a July 15, 2013 deadline for responses to the petition.
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Nokia files cert petition in InterDigital case
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