No Expedited Trial of FRAND Defense

The court denied defendants' motions in two cases for expedited discovery and trial on their counterclaims to set a FRAND rate for three patents-in-suit. "The gist of the request is that each Defendant will be harmed if its products are excluded from the U.S. by the lTC, that the ITC cannot set a FRAND rate, and that the Plaintiff will not offer it a FRAND rate although it has an obligation to do so. . . . It does not seem to me like a very practicable idea to try to race to a partial judgment here so that each defendant will be in a better position in the ITC litigation. Therefore, I will deny the motion for expedited discovery and trial in the two cases."

InterDigital Communications Inc., et. al. v. Huawei Technologies Co., Ltd., et. al., 1-13-cv-00008 (DED March 14, 2013, Order) (Andrews, J.).