InterDigital Granted Motion to Dismiss FRAND Counterclaims in Delaware

On May 28, 2014, Judge Richard Andrews of the U.S. District Court for the District of Delaware granted Wilson Sonsini Goodrich & Rosati client InterDigital's motion to dismiss certain Fair, Reasonable, and Non-Discriminatory (FRAND) counterclaims brought by Nokia and ZTE.

In InterDigital Communications, Inc. v. Nokia Corp. and InterDigital Communications, Inc. v. ZTE Corp., Nokia and ZTE asserted declaratory judgment counterclaims attempting to seek a determination of FRAND license terms for U.S. patents that InterDigital has disclosed to 3G and 4G wireless standards bodies, as well as a finding that InterDigital's past license offers to Nokia and ZTE did not contain FRAND terms and conditions. Judge Andrews determined that the requested rulings would serve "no useful purpose" because they would not be enforceable or lead directly to a patent license between the parties. Finding no declaratory judgment jurisdiction, the court dismissed ZTE's and Nokia's counterclaims without leave to amend, thereby establishing an important precedent on the issue of judicial FRAND rate-setting.

The Wilson Sonsini Goodrich & Rosati team that represented InterDigital in the matter included partners David Steuer, Michael Levin, Maura Rees, and Lucy Yen, Of Counsel Natalie Morgan, and associate Randal Miller.

Please click here to read the court's opinion.