Assuming, that is, that I am understanding the facts correctly. According to this write-up on the Essential Patents Blog earlier this week, which includes a copy of ALJ Essex's one-page order, the judge is prepared to enter an exclusion order against certain of Nokia's devices that he concludes infringe InterDigital's '966 and '847 Patents. In an earlier proceeding in this matter (USITC Inv. No. 337-TA-613, available at 2009 WL 3025318), ALJ Paul Luckern wrote:
InterDigital disclosed the '966 patent, which was filed on June 29, 2005, to ETSI on March 21, 2007 and declared that it was prepared to comply with the ETSI policies concerning FRAND licensing (CX2, CX585C at IDC-ITC008437378.) InterDigital disclosed U.S. Patent Application No, 11/169,425, which was filed on June 29, 20054 [sic], and which issued as the '847 patent to ETSI on March 21, 2007 and declared that it was prepared to comply with the ETSI policies concerning FRAND licensing.
In his order from this past Monday, ALJ Essex writes that "It is further held that there is no evidence of patent hold-up, that there is evidence of reverse hold-up, and that public interest does not preclude issuance of an exclusion order." We'll need to follow this one closely for further developments.