After resting their cases earlier this week, the patent infringement case of Barcelona, Spain-based Fractus against cell phone giants, AT&T, Verizon, T-Mobile, AT&T and CommScope ended in Marshall’s federal court on Wednesday through the resolution of a settlement.
Prior to bringing the jury in to begin Wednesday’s proceedings, counsel for all parties advised that the parties had settled the case and the associated member cases.
US District Court for the Eastern District of Texas Chief Judge Rodney Gilstrap, the presiding judge, confirmed the terms of the agreement and the parties moved for dismissal of the case, which was granted. The settlement amount was not revealed.
The case kicked off last Thursday over antenna technology that allows cellular companies and smartphone makers to deliver high-speed Internet access to their customers.
In the case, Fractus — an early pioneer in the development of internal antennas for smartphones, tablets and wireless devices — filed suit in April 2018, accusing the companies of using its patented technology that covers its invention of based station antennas, without paying royalties. Fractus is suing CommScope for making and using antennas that incorporate the Fractus patented invention that is described in the suit, and selling the antennas to carrier customers: Verizon, AT&T and T-Mobile.
Fractus was seeking more than $500 million in the case.
“Fractus’s cellular phone antenna designs have been licensed by all of the world’s largest smartphone manufacturers, including Samsung, LG, Blackberry and Motorola,” the lawsuit stated. “Together, phone manufacturers have paid Fractus more than $100 million in licensing fees for the right to use its smartphone antenna designs.”
The lawsuit contended that while the defendants in suit have saved hundreds of millions of dollars by deploying base station antennas across the United States using Fractus’s patented technology, they have never paid any royalties for the right to do so.
“Fractus is entitled to compensation for (the defendants’) use of its inventions. It brings this lawsuit to recover that fair share,” the lawsuit stated.
The lawsuit noted that Fractus’ multiband base station antennas were quickly recognized as “game-changing” in the industry. It goes on to say the company’s co-founder Dr. Carles Puente and the other Fractus inventors have received widespread acclaim for their innovations.
“In 2014, they were named finalists for the European Inventor Award by the European Patent Office—the preeminent award for inventions in Europe. Fractus was also designated as a Technology Pioneer by the World Economic Forum in 2005, won the Elektra European Electronics Industry R&D Award in 2007, and was named a Pioneer in antenna technology development by Spanish Royal Academy of Engineering in 2015,” the lawsuit states.
The settlement amount was not disclosed.