Dali Wireless plans to appeal a recent decision by the Patent Trial and Appeal Board (PTAB) invalidating several claims of one of its U.S. Patents.
In June, a 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).
“It is important to remember that a federal district court jury upheld the validity of the U.S. Patent No. 9,531,473 patent and found in favor of Dali; awarding Dali $9 million in damages for CommScope’s infringement of two patents,” noted Albert Lee, CEO of Dali. “Even if our appeal is rejected, almost 75 percent of the $9 million award ($6.6 million) was for CommScope’s infringement of a different patent and would be unaffected by any ruling on the ’473 patent.
“Even if our appeal is rejected, almost 75 percent of the $9 million award ($6.6 million) was for CommScope’s infringement of a different patent and would be unaffected by any ruling on the ’473 patent,” Lee added.
Relatedly, Dali has filed a second lawsuit against CommScope in the U.S. District Court for the District of Delaware. In the Delaware lawsuit (1:19-cv-00952-MN), Dali alleges infringement of U.S. Patent Nos. 10,080,178, 10,045,314, 9,847,816, and 8,682,338, which represent four distinct patent families that cover next-generation technology in wireless distribution systems. Dali is seeking damages and an injunction to stop the manufacture, sale, and distribution of CommScope’s OneCell and ION-E/Era C-RAN products.
“While the recent PTAB ruling is disappointing, Dali’s patent portfolio is broad and deep, and we are confident that we will prevail in our efforts to enforce it. Dali has invested tens of millions of dollars in its seminal technology and is committed to aggressively protect our intellectual property around the globe,” Lee said.