Fractus, S.A. v. ZTE Corporation et al DC

Fractus SA has resumed litigation, accusing ADT (2:22-cv-00412) and Vivint Smart Home (Vivint) (2:22-cv-00413) of infringing overlapping sets of nine antenna systems patents through the provision of a wide array of devices, ranging from smart home hubs to cellular modules, that incorporate certain antenna structures. This campaign began back in May 2009, with its last open suit, filed against TCL (TCT Mobile) in April 2020, dismissed with prejudice in light of a noticed settlement this past January. Other defendants have included LG Electronics, Samsung, and ZTE.

Roughly three years since its last litigation, against Samsung, came to a close, Barcelona-based Fractus SA has filed suit against ZTE (2:17-cv-00561). The new complaint asserts seven antenna patents against ZTE for the provision of various mobile devices having an internal, multiband antenna. Fractus pleads that “it has designed antennas for and/or has licensed the right to use its technology to much of the mobile antenna community, including HTC, Kyocera, LG [Electronics], Palm, Pantech, RIM, Motorola, Samsung, Sharp, and UTStarcom”. Several of these companies were defendants in the first case in this campaign, filed in May 2009.

Fractus SA filed a new complaint for patent infringement against Samsung (6:13-cv-00210), seeking an amended ongoing royalty rate to include include additional handset models not included in a prior judgment. In May 2011, Fractus was awarded $23.1 million from a jury that was later enhanced by a federal judge to include an additional $15 million award for willful infringement and finally an ongoing royalty rate of $0.60 for all of the handsets involved in the suit. On February 25th, Judge Leonard Davis denied a request from Fractus to include non-adjudicated handsets in the ongoing royalty rate and did so without prejudice. Fractus is a Spanish maker of antenna and related technology that sued ten handset companies in 2009.  (All but Samsung reached settlements with Fractus prior to trial.) 2/28, Eastern District of Texas.