Each company had reason to cheer, as the U.S. District Court for the Northern District of Texas in Dallas ruled last Wednesday on the patent lawsuits filed by CommScope and Dali Wireless.
The jury found that Dali willfully infringed each of the five asserted CommScope patents (U.S. patent No. 7,848,747; U.S. patent No. 7,639,982; U.S. patent No. 8,326,218; U.S. patent No. 8,577,286; U.S. patent No. 9,332,402) with its t-Series and Matrix products. Alternatively, the CommScope ION-E and FlexWave Prism products were found to infringe Dali Wireless digital radio distribution and digital predistortion patents (U.S. Patent Nos. 9,031,521 and 9,531,473).
Dali had also earlier asserted infringement on U.S. Patent No. 8,149,950 in this litigation, but the parties settled that claim when Texas Instruments—CommScope’s supplier on the relevant chip—entered into an agreement with Dali to license the patent.
The jury awarded $9 million in damages to Dali Wireless and $1.98 million to CommScope, based on the relevant sales of the accused products.
“Dali’s commitment to innovation has resulted in over 450 patents and pending patents which are critically important to enabling 4G, 5G and virtual Radio Access Network (vRAN),” Dr. Albert Lee, CEO of Dali Wireless, said, in a prepared release.
It’s not Over
CommScope still expects the court will enter an injunction barring Dali from selling the t-Series and Matrix products in the United States. Further, due to the jury’s finding that Dali “willfully” infringed each of CommScope’s five patents, CommScope will request treble damages and an award of its fees associated with bringing the action.
“We will continue to protect and defend CommScope’s intellectual property while delivering innovative products and solutions to help our customers succeed in their markets,” said Matt Melester, senior vice president, office of the CTO for CommScope.
The case remains alive at the Patent Trial and Appeal Board (PTAB). A final decision is expected from in August from the PTAB, which granted CommScope’s petition to institute an inter partes review challenging the validity of one of Dali’s patents asserted in the Texas action relating to digital distributed antenna systems.
Likewise, Dali has also recently filed another lawsuit (1:19-cv-00952-MN) against CommScope in U.S. District Court for the District of Delaware to enforce other patents (U.S. Patent Nos. 8,682,338; 9,847,816; 10,045,314; and 10,080,178) that cover Dali Wireless’ wireless distribution systems. It is seeking damages and an injunction to stop manufacturing, sale, and distribution of CommScope OneCell and ION-E products, which are also marketed as “Era C-RAN antenna system.” The Delaware case is still pending.