In August 2016, the Panel on Multidistrict Litigation centralized 14 cases involving Mobile Telecommunications Technologies, LLC (d/b/a MTel, LLC), including three declaratory judgment actions, for pretrial proceedings before District Judge Leonard Stark in Delaware. Several of the cases were transferred in from the Eastern District of Texas, including a case filed against Cox Communications. In that suit, before transfer, Cox filed a motion to dismiss for lack of personal jurisdiction over it in Texas. (Judge Stark recently granted that motion, dismissing the action against Cox as well as a second case, against Bright House Networks). MTel has now responded with a new case filed against Cox (1:17-cv-00463), asserting the same three wireless telecommunications patents (5,590,403; 5,659,891; 5,915,210) from the earlier case.
Mobile Telecommunications Technologies, LLC (d/b/a MTel, LLC) has sued Cellco (Verizon Wireless) (2:16-cv-01324) in the wake of significant setbacks at trial, accusing the company of infringing four wireless communication patents (5,581,804; 5,590,403; 5,659,891; 5,915,210). Verizon is alleged to infringe through its LTE network and through the provision of devices that use certain wireless connection and transmission standards, including MIMO (multiple-input multiple-output) and OFDM (orthogonal frequency division multiplexing). MTel’s newest complaint comes after two unfavorable jury verdicts earlier this year, with findings of non-infringement issued for BlackBerry (3:12-cv-01652) in July (with respect to the ‘804 patent) and HTC (2:13-cv-00948) in September (of the 5,754,946 patent). However, the impact of those verdicts was blunted by settlements reached with both defendants prior to the entry of judgment: the BlackBerry case has been stayed since September after the parties reached an agreement, while the HTC case was dismissed on December 6.