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Re: ZTE TRIAL from JIFF on i-HubJury Finds ZTE DId Not Infringe InterDigital Patent Share us on: By Matt Chiappardi Law360, Wilmington (April 22, 2015, 3:43 PM ET) -- A Delaware federal jury on Wednesday found that Chinese telecommunications equipment manufacturing giant ZTE Corp. did not infringe one of InterDigital Communications Inc.'s patents related to how smartphones operate on 4G networks, months after a different jury decided ZTE had infringed three different InterDigital patents. After deliberating for nearly three hours, the eight-person jury came back with a finding that ZTE did not infringe the InterDigital patent at issue, either directly or indirectly. ZTE had argued at trial that its phones don't work in the way InterDigital claims they do and that it would be impossible for the products to infringe. Representatives for both sides declined to comment immediately after the jury delivered its verdict. The three-day trial focused on patent number 7,941,151, which attorneys for both sides described as being related to what's known as channel assignment numbers that organize the flow of data to and from smartphones using so-called Long-Term Evolution technology, usually marketed as 4G LTE. InterDigital says the patent deals with how channels are assigned when data is transmitted, allowing it to be accomplished much faster because essentially, information going to and from the phone can be transported on the same channel. ZTE, whose business lines include manufacturing so-called white label cellphone that are then marketed by well-known wireless carriers, presented evidence, including testimony from several experts, that it says proves its phones don't work the way InterDigital is describing and still only have one type of data or another on a channel but never both. The issue stems from a lawsuit InterDigital first lodged in 2013, along with a parallel complaint with the U.S. International Trade Commission against companies that included Samsung Electronics Co. Ltd. and Nokia Inc. In December, the ITC found that ZTE, Nokia and Huawei Technologies Co. Ltd. didn't infringe different InterDigital patents, a decision that was affirmed by the Federal Circuit in February. The '151 patent was originally slated to be included in prior trial between InterDigital and ZTE in Delaware this past October, in which a jury found ZTE infringed all three patents, each related to wireless technology, InterDigital had alleged it did. But the patent was taken out of that proceeding after U.S. District Judge Richard G. Andrews, who continues to preside over the case, decided to rework his claim construction and set it to be considered later at a separate trial with a different jury. The '151 patent is also scheduled to be at issue again on Monday at another trial, this time with Nokia — which has since been acquired by Microsoft Corp. — standing at the defendant's table. The patent-in-suit is U.S. Patent Number 7,941,151. InterDigital is represented by Ron E. Shulman, Maximilian A. Grant, Bert C. Reiser, Jonathan D. Link and Julie M. Holloway of Latham & Watkins LLP, David Steuer, Michael B. Levin and Maura L. Rees of Wilson Sonsini Goodrich & Rosati PC and Neal Belgam and Clarissa R. Chenoweth of Smith Katzenstein & Jenkins LLP. ZTE is represented by Ralph J. Gabric, Charles M. McMahon, Mircea A. Tipescu, Brian A. Jones, Hersh H. Mehta and Jay H. Reiziss of Brinks Gilson & Lione, and Kelly Farnan and Travis Hunter of Richards Layton & Finger PA. The case is InterDigital Communications Inc. et al. v. ZTE Corp. et al., case number 1:13-cv-00009, in the U.S. District Court for the District of Delaware. |
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Msg # | Subject | Author | Recs | Date Posted |
67464 | Re: ZTE TRIAL from JIFF on i-Hub | Ghop | 1 | 4/22/2015 4:10:55 PM |