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.
The Panel on Multidistrict Litigation has issued an order centralizing 14 cases involving Mobile Telecommunications Technologies, LLC (MTel) for pretrial proceedings before District Judge Leonard Stark in Delaware. In early January, MTel filed separate complaints in Texas asserting three patents (5,590,403; 5,659,891; 5,915,210) against Bright House, Brocade, Charter, Cox, HPE (Aruba Networks), Juniper Networks, and Time Warner Cable. Three months later, ARRIS, Bright House, and UBEE Interactive filed declaratory judgment actions in Delaware, shortly after which MTel filed affirmative complaints back in Texas against Aerohive, Firetide, Ruckus Wireless, UBEE, and Xirrus. Under the Panel’s order, all of these cases will now be transferred to Delaware where MTel’s accusations against the defendants’ 802.11 standard compliant products will proceed.