CommScope Wins German Mobile Radio Patent Lawsuit, Sued by Dali in U.S.
Friday, February 22, 2019 | Comments

In two decisions, a German patent court found that Comlab infringed mobile radio transmission patents owned by Andrew Wireless Systems, an affiliate of CommScope.

The 14 February rulings by the District Court of Düsseldorf, Germany, found that Comlab infringed CommScope’s EP2180605B1 and EP1022849B1 European Patents. The patents relate to mobile radio transmission repeaters and an apparatus for setting the gain of a repeater.

The decisions, issued in Action Nos. 4c O 75/17 and 4c O 76/17, allow CommScope to preliminarily enforce — which provides CommScope the option to recall and destroy the infringing products as well as, under one of the decisions, get a preliminary injunction against further infringement. Two additional utility model enforcement actions are pending against Comlab’s RUD19-5 repeater systems in the District Court of Düsseldorf (action Nos. 4c O 8/2018 and 4c O 26/18).

“We are pleased with the court’s decision,” said Thomas Kummetz, vice president, distributed coverage and capacity systems, CommScope. “CommScope invests considerable resources designing and patenting its innovative products to provide superior value to its customers. CommScope is committed to protecting its investments and maintaining its differentiating product features by defending its patent rights around the world.”

CommScope has multiple enforcement proceedings pending in the District Court of Berlin, Germany, enforcing both patents and utility model rights against Cobham’s idDAS system. In addition, CommScope’s patent infringement action in the United States District Court for the Northern District of Texas against Dali Wireless, enforcing multiple patents relating to digital distributed antenna systems (DAS), is scheduled to go to trial later in 2019.

Separately, Dali Wireless filed a lawsuit in the U.S. District Court for the District of Delaware against CommScope for infringement of U.S. patent Nos. 10,045,314 and 10,080,178.

Dali’s patents disclose and claim software-defined radio systems that are building blocks for 4G/5G in-building wireless networks. In its complaint, Dali alleges that CommScope incorporated Dali’s patents into its OneCell and ION-E products. Dali petitioned the court for monetary damages and an injunction preventing CommScope from making, using or selling its OneCell and ION-E products.

This new lawsuit against CommScope is in addition to Dali’s previous assertion of two patents against CommScope in counterclaims pending in the Northern District of Texas. In that case, Dali asserts U.S. patent Nos. 9,031,521 and 9,531,473, which disclose and claim, among other things, power amplifier systems and methods of operation and software-configurable DAS, used in wireless transmission through digital radio distribution systems.

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