In re Innovatio IP Ventures, MDL No. 2303, Case No. 11-CV-9308 (N.D. Ill. July 26, 2013)(Holderman)
In an extensive opinion, Judge Holderman determined that every category of claim that Innovatio is asserting is subject to RAND terms. This dramatically limits the damage that Innovatio can seek. as, at best, it will be able to license the patents to the device manufacturers, instead of conducting a Lemelson like campaign of licensing each and every user of the technology.
This greatly raises the likelihood that this case is resolved with a simple settlement between Innovatio and the Manufacturers, thereby removing the cloud that had been over many users of wireless technology.