Even as related European litigation stalls, the sole litigation campaign of ParkerVision, Inc. has come back to life in US district courts with the recent withdrawal of the NPE’s complaint in an action filed before the International Trade Commission (ITC) in December 2015. The defendants in the ITC investigation were Qualcomm and three smartphone and tablet makers, Apple, LG Electronics (LGE), and Samsung. ParkerVision filed a concurrent suit in the Middle District of Florida asserting the same four patents (6,879,817; 7,929,528; 8,571,135; 9,118,638) against the same four defendants. The case was stayed pending conclusion of ITC proceedings, which occurred on April 28, and the district court has since reopened the case before it, absent Samsung, which settled out. ParkerVision has now dismissed, without prejudice, its claims in that case against LGE and filed a standalone case against LGE in New Jersey (2:17-cv-05359), where that company is based, in light of the US Supreme Court’s recent TC Heartland decision on patent venue. The suit again asserts the same four patents, targeting radio frequency transmitters and transceivers that operate in smartphones and tablets in conjunction with Qualcomm baseband processors.
Recent European litigation activity has included several developments in German cases brought by subsidiaries of American NPEs, with a stay entered in two lawsuits brought by ParkerVision, Inc. and the affirmance of an injunction for Xperi Corporation. Meanwhile, plaintiffs originating in Europe have varied widely in size, financial resources, and level of activity, with one of Europe’s most persistent litigants (IPCom GmbH & Co KG) backed by financing from the US-based Fortress Investment Group LLC.