The patent infringement trial of Optis Wireless Technology v. Apple, over 4G LTE technology, is slated to kick off next Monday in Marshall’s federal court with U.S. District Chief Judge Rodney Gilstrap presiding.
This will be the first patent jury trial in the nation since the COVID-19 pandemic shutdown, the judge’s office confirmed.
In the case, Optis Wireless Technology LLC, Optis Technology LLC, Unwired Planet LLC, Unwired Planet International Limited and Panoptis Patent Management LLC are listed as plaintiffs.
The parties allege that Apple infringes the seven patents-in-suit.
According to JD Supra, a daily legal intelligence website, Optis Wireless Technology LLC contends that it complied with its “Fair, Reasonable, and Non-Discriminatory” (FRAND) obligations when it offered a “global license” to Apple Inc. for standard-essential patents, covering Long-Term Evolution (LTE) technology.
“The plaintiffs have repeatedly negotiated with Apple to reach an agreement for a global FRAND license to the plaintiffs’ patent portfolios which Apple is infringing,” the lawsuit states. “The negotiations have been unsuccessful because Apple refuses to pay a FRAND royalty for a license to the plaintiffs’ patents.
“Therefore, the plaintiffs file this complaint seeking a judgment of and relief for patent infringement by Apple,” the lawsuit states.
The lawsuit notes that defendant, Apple Inc., is based in California and designs, manufactures, uses, imports into the United States, sells, and offers for sale in the United States smartphones, tablets, smartwatches, and other mobile computing devices that operate over the 4G (LTE) cellular standard.
The patents-in-suit cover inventions titled: “Method and Apparatus for Transmitting and Receiving Shared Control Channel Message in a Wireless Communication System Using Orthogonal Frequency Division Multiple Access; “Method for Transmitting and Receiving Control Information through PDCCH”; Control Channel Signaling Using a Common Signaling Field for Transport Format and Redundancy Version; “Mobile Station Apparatus and Random Access Method”; “System and Method for Channel Estimation in a Delay Diversity Wireless Communication System”; Method for Transmitting Uplink Signals”; and “Mode switching between SU-MIMO and MU-MIMO.”
“The plaintiffs exclusively own all rights, title, and interest in the patents-in-suit necessary to bring this action, including the right to recover past and future damages,” the lawsuit states.
According to the lawsuit, the plaintiffs, in conformance with the European Telecommunications Standards Institute’s (ETSI) IPR Policy, have informed Apple that they are prepared to grant Apple an irrevocable license to their standard essential patents, including the Patents-in-Suit, on terms that are “Fair, Reasonable, and Non-Discriminatory” (FRAND).
ETSI is an independent, nonprofit standard setting organization that produces globally-accepted standards.
“Apple requires a license to one or more essential patents owned by Optis Cellular, Optis Wireless, Unwired Planet International, and Unwired Planet, the lawsuit states.
“Apple is not currently licensed to practice the patents-in-suit,” the lawsuit alleges.
The lawsuit states that given Apple’s unwillingness to license the plaintiffs’ essential patents, or to cease its alleged infringement, the plaintiffs have filed this lawsuit for the purpose of protecting their patent rights in the United States.
“The parties’ licensing negotiations have been unsuccessful for the simple reason that Apple refuses to pay FRAND royalties for the Plaintiffs’ valuable patent portfolios,” the lawsuit contends. “Apple is failing to honor that FRAND licensing is a two-way street, requiring not only that the licensor is fair and reasonable in providing licensing terms, but also that the licensee is fair and reasonable in accepting them when they are offered.”
The plaintiffs allege that the accused infringing Apple products include all LTE capable models in Apple’s iPhone, iPad and Watch lines of products.
The case will begin with jury selection on Monday, Aug. 3, starting at 9 a.m.