Last week, the U.S. District Court for the Southern District of New York refused to compel arbitration on the grounds that Nokia had waived its rights to arbitrate through its conduct in prior proceedings. The case, Nokia Corp. v. InterDigital, Inc. (2009 U.S. Dist. LEXIS 17376) relates to patent infringement and was heard by the Second Circuit on July 31, 2008 (2008 U.S. App. LEXIS 16328). Back then, the Second Circuit concluded that Nokia waived arbitration through “its repeated, intentional invocation of judicial process to resolve questions about the scope of the patents at issue” and remanded to district court for development of the factual record. Now, the U.S. District Court agreed with the Second Circuit and sent the case to the International Trade Commission (ITC) for further proceedings.
See here a related article by the Wall Street Journal.
Technorati Tags:
arbitration, ADR, law, patent infringement, ITC
Related Posts
Second Circuit Clarifies FINRA Rule 12200
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
Second Circuit Denies Oracle’s Motion to Compel Arbitration 
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked
SCOTUS Declines to Review $455 Million International Arbitration Award in Biotech Patent Dispute
