Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00016-JJF Document 210 Filed 08/15/2007 Page 1 of 3
MORRIS, NICHOLS, ARSHT Sr TUNNELL LLP
1201 NORTH MAEKET STREET
P.O. Box 1347
Wrrmrnorou, Dnmwnxn 19399-1347
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JACK BLUMENFELD FAX
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_jhlume¤f'[email protected] August 15,
BY ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
For the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Nokia Corporation, et al. v. InterDigital Communications
C.A. No. 05-016-JJF
Dear Judge Farnan:
Pursuant to paragraph 3 of the March 1, 2007 Amended Scheduling Order _(D.I.
171), Plaintiffs Nokia Corporation and Nokia, Inc. ("Nokia") and Defendants InterDigital
Communications Corporation and InterDigital Technology Corporation ("InterDigital") (jointly,
the "Parties") hereby submit this Joint Interim Status Report.
This case generally involves Nokia’s claims, and InterDigital’s counterclaims,
that the other party violated § 43(a) of the Lanham Act, 15 U.S.C. § l125(a), by allegedly
making false or misleading statements regarding the essentiality of its patents to 3G mobile
telecommunications standards.
In its original complaint filed in January 2005, Nokia asserted a number of now-
dismissed declaratory judgment claims, as well as a claim under the Lanham Act. On February
6, 2007, this Court granted N0kia’s motion for leave to amend its Complaint to add an additional
count under the Lanham Act, as well as various state law causes of action. On February 21,
2007, 1nterDigital filed its Answer to Nokia’s First Amended Complaint and Counterclaims,
asserting various defenses to Nokia’s Amended Complaint and alleging that Nokia violated §
43(a) of the Lanham Act, 15 U.S.C. § l125(a), by making false or misleading statements
regarding the essentiality of its patents to 3G standards, as well as various state law claims. On
February 21, 2007, InterDigital also moved to dismiss Nokia’s First Amended Complaint.
Briefing on the motion to dismiss was completed on May 9, 2007.

Case 1:05—cv—00016-JJF Document 210 Filed 08/15/2007 Page 2 of 3
The Honorable Joseph J'. Faman, Jr.
August 15, 2007
Page 2
Fact discovery is ongoing and is scheduled to conclude on December 14, 2007.
The Parties have deposed four individuals. Special Master Seitz has ruled on a number of
discovery motions.
Pursuant to the Special Master’s November 14, 2006 Second Discovery Order,
Nokia submitted on December 14, 2006 a statement identifying on a patent-by-patent basis why
InterDigital’s statements regarding the claimed essentiality of its patents are alleged to be false or
misleading and further identifying and explaining why any other statements by InterDigital are
alleged to be false or misleading. InterDigital responded to this submission on January 26, 2007.
Following its Amended Complaint, Nokia submitted an Addendum to its Statement Pursuant to
the Second Discovery Order on March 1, 2007, to which InterDigital responded on May 7, 2007.
In light of InterDigital’s Counterclaims asserted in its Answer to Nokia’s
Amended Complaint, Special Master Seitz ordered InterDigital to submit a statement identifying
on a patent-by—patent basis why Nokia’s statements regarding the claimed essentiality of its
patents are alleged to be false or misleading and further identifying and explaining why any other
statements by Nokia are alleged to be false or misleading. On June 14, 2007, InterDigital
submitted its statement pursuant to the Special Master’s order. Nokia responded to lnterDigital’s
statement on July 30, 2007. InterDigital supplemented its statement on June 28, 2007 and Nokia
submitted its supplemental response on August 13, 2007.
Additionally, in March 2007, InterDigital submitted declarations to the European
Telecommunications Standards Institute (“ETSI") regarding 26 additional patents (the
"Additional InterDigital Patents"). On August 10, 2007, Nokia, by order of the Special Master
and while reserving its rights to contest whether the Additional InterDigital Patents should be
part of this case, submitted a supplemental Statement Pursuant to the Second Discovery Order,
identifying on a patent-by-patent basis why InterDigital’s statements regarding the claimed
essentiality of 24 of the Additional InterDigital Patents are alleged to be false or misleading and
further identifying and explaining why other statements by InterDigital are alleged to be false or
misleading. InterDigital’s response to this submission is to be submitted by September 14, 2007.
As to the remaining two Additional InterDigital Patents, Nokia has requested a
temporary stay regarding submission of a Statement Pursuant to the Second Discovery Order, in
view of other litigation that InterDigital initiated on August 7, 2007 regarding those patents,
specifically the following two new matters: (1) a patent infringement action in this district,
InterDigital Communications LLC, et al. v. Nokia Corp., et al., C.A. No. 07-489; and (2) a
complaint filed with the International Trade Commission, In re Certain 3G Mobile Handsets and
Components Thereot] Investigation No. 337-TA-__. Nokia’s request in this regard remains
pending before the Special Master.
On June 29, 2007, Special Master Seitz submitted a proposed Case Management
Order to the Court, and on July 9, 2007, he submitted a proposed First Amended Case
Management Order, which, upon entry by the Court, will serve to provide certain limits on
discovery.

Case 1 :05-cv-00016-JJF Document 210 Filed 08/15/2007 Page 3 of 3
The Honorable Joseph J. Farnan, Jr.
August 15, 2007
Page 3
Finally, a mediation before Magistrate Judge Thynge is tentatively scheduled for
August 30, 2007. By August 20, 2007, the Parties must confidentially submit mediation
statements to Judge Thynge, who will then determine, based upon a review of those statements,
whether the mediation should go forward.
Respectfully, -
k B. Blumenfeld (#1014)
JBB/dlb
cc: Clerk of Court (Via Hand Delivery)
Richard L. Horwitz, Esquire (Via Electronic Mail and Hand Delivery)
Ron E. Shuhnan, Esquire (Via Electronic Mail)
Mark K. Flanagan, Esquire (Via Electronic Mail)
Patrick J. Coyne, Esquire W ia Electronic Mail)
Patrick J. Flinn, Esquire (Via Electronic Mail)