Yesterday, the ITC filed a confidential version its opinion in the InterDigital investigation, Inv. No. 337-TA-868, involving Nokia and ZTE. According to a notice issued in the case last week, the Commission has reviewed ALJ Essex’s Final Initial Determination and terminated the investigation with a finding of no violation by either Nokia or ZTE. As discussed in our August 15, 2014 post, the notice indicates that the Commission has taken no position with respect to the FRAND issues raised, instead finding efficiency favors addressing any FRAND issues after final disposition of InterDigital’s co-pending Federal Circuit appeal, which involves several of the patents-at-issue in the 868 investigation.
We expect a public version of the Commission’s opinion will be available in the coming weeks.