Toward the beginning of January, Dali Wireless Inc. filed suit against CommScope, together with AT&T and Ericsson, in a single Eastern District of Texas complaint. At the end of the month, the same plaintiff hit CommScope in a new Western District of Texas case (6:22-cv-00104), this one also tagging Corning, Ericsson, and Verizon (Verizon Wireless), with infringement allegations focusing on the incorporation of “small cell wireless solutions” purportedly provided by CommScope, Corning, and Ericsson within Verizon’s LTE and 5G networks. The two January suits widen the disputes between Dali Wireless and both CommScope and Corning, which are long-standing litigants elsewhere, including in Delaware, where District Judge Maryellen Noreika has disposed of a flurry of dispositive motions in relatively short order.
Last week, Dali Wireless Inc. opened up another front in its patent litigation battle with CommScope, Dali filing yet another case, this one in the Eastern District of Texas that also names AT&T and Ericsson as defendants (2:22-cv-00012). Litigation between CommScope and Dali Wireless dates back to February 2016. That case led to a June 2019 Northern District of Texas jury verdict awarding damages for competing infringement findings. A Federal Circuit appeal was taken, resulting in a reversal as to only one of two infringed Dali Wireless patents, while yet another case between the two, filed by Dali against CommScope in the District of Delaware in early 2019, preps for trial, now set for spring 2022—there, District Judge Maryellen Noreika has just adopted a fellow judge’s procedure “to combat excessive summary judgment motion practice in patent cases”.