This past week, Senior District Judge Joseph F. Bataillon signed a sealed order closing cases that Evolved Wireless LLC brought in June 2015 against HTC, Lenovo (Motorola Mobility), Microsoft, Samsung, and ZTE. The order follows a proposed stipulation by the parties to stay those suits to await the outcome of the plaintiff’s appeal (19-2362) from a judgment, entered in the sixth June 2015 case in the campaign after a Delaware jury found this past April that Apple does not infringe either patent-in-suit. Last week also saw Evolved Wireless file its opening appellate brief, which argues that the district court erred by refusing to order a new trial based on several arguments, including because the trial court kept from the jury evidence allegedly “inconsistent with Apple’s arguments at trial that [the patent subject to the appeal] is not essential to the LTE standard”.
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