Second Circuit Affirms Decision Granting InterDigital's Motion to Recover against Injunction Bond

On April 30, 2012, the U.S. Court of Appeals for the Second Circuit affirmed a decision granting the motion of InterDigital, Inc., to recover against a preliminary injunction bond posted in 2008 by Nokia Corporation. Nokia originally obtained a preliminary injunction requiring that InterDigital's claims against Nokia be pursued in arbitration rather than in the International Trade Commission, but the Second Circuit reversed the injunction in 2008. In 2009, the district court dismissed the action on remand, and InterDigital moved to recover against the bond, but in 2010 the district court denied the motion. In 2011, the Second Circuit vacated the denial, and the district court on remand granted the motion in full. In affirming the grant of recovery, the Second Circuit held, "[T]he district court concluded that there were no good reasons to bar recovery. We will not disturb that exercise of discretion on appeal."

Wilson Sonsini Goodrich & Rosati partner Gideon Schor and associate Catherine Grealis provided representation to InterDigital in connection with the matter.

For more information, please see the Second Circuit's summary order.