Thinking About Enforcing An Arbitration Clause? He Who Hesitates Is Lost

In a Summary Order, the United States Court of Appeals for the Second Circuit refused to allow Nokia to enforce its right to arbitrate claims involving an alleged license agreement with InterDigital, basing its decision partly on the fact that by waiting three and a half years, Nokia waived its arbitration right. Nokia Corporation v. InterDigital Inc., InterDigital Communications, LLC and InterDigital Technology Corp., Case No. 08-1642 (2nd Cir., July 31, 2008) (non-precedential).

In the ongoing saga between Nokia and InterDigital, the Court of Appeals for the Second Circuit dealt Nokia a setback by reversing the district court's grant of a motion for a preliminary injunction. The now defunct preliminary injunction had enjoined InterDigital from participating in the investigation of Nokia being conducted by the International Trade Commission (ITC) and required InterDigital to submit to arbitration