In Huawei Technologies Co., Ltd. v. Interdigital Technology Corp., C.A. No. 6974-CS (Del. Ch., Nov. 17, 2011), read transcript ruling here, the Delaware Court of Chancery denied a request for expedited scheduling in a case that sought to set a FRAND rate for use of patents where prior-pending ITC and District Court proceedings would or could address similar issues. The Court acknowedged its pride in the reputation it has for handling cases with alacrity but deferred to its federal counterpart based on the procedural context in which the case was presented.

For other decisions of the Court addressing the standard applicable to determining whether the Court will grant a motion for expedited proceedings, see highlights on this blog available here and here.

Thanks to Delaware litigator Kurt Heyman for forwarding this decision to us.