The German Federal Patent Court has issued decisions upholding the validity of important CommScope patents that had been challenged by a competitor, COMLAB.
At an October 9 oral hearing, the German Federal Patent Court rejected challenges by COMLAB regarding the validity of the German part of European Patent EP1022849B1 (Action No. 5 Ni 6/17 (EP)) owned by CommScope’s affiliate Andrew Wireless Systems. The Federal Patent Court already upheld the German part of European Patent EP2180605B1 in a decision dated March 27, 2019 (Action No. 6 Ni 23/17 (EP)). COMLAB filed appeal against the Federal Patent Court’s decision that is now pending before the Federal Supreme Court (X ZR 84/19) and can appeal the most recent decision.
Earlier this year, CommScope won two patent infringement actions (Action Nos. 4c O 75/17 and 4c O 76/17 of District Court of Dusseldorf) against COMLAB’s InTrain repeaters, asserting the German parts of European Patents EP1022849B1 and EP2180605B1. Both decisions were appealed and are now pending before the Higher Regional Court Dusseldorf. During the infringement proceedings, one of the claims for The German part of European Patent EP2180605B1 was revised and upheld as valid, which COMLAB was found to infringe by the District Court of Dusseldorf.
COMLAB attempted to challenge the validity of both patents, but the October 9 decision by the German Federal Patent Court has now upheld both patents.
“We are pleased with the court’s decision,” said Thomas Kummetz, vice president of Distributed Coverage and Capacity Systems for CommScope’s Mobility Solutions. “CommScope remains committed to protecting the valuable innovations it delivers to its customers, and we are satisfied that the Patent Court has recognized the contributions these inventions have made in this field.”
CommScope has infringement actions currently pending against several wireless infrastructure manufacturers including multiple infringement proceedings pending in the District Court of Berlin, Germany, to enforce patent rights against Cobham’s idDAS system (Action Nos. 16 O 433/17 and 16 O 434/17).
In addition, in June 2019, CommScope won a jury verdict in the United States District Court for the Northern District of Texas against Dali Wireless for patent infringement of multiple patents relating to digital distributed antenna systems (Action No. 3:16-cv-477).
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