Judge Gilstrap Set to Receive Posttrial Motions and the PTAB using the NHK-Fintiv Rule to Block Multiple Trials, Optis Wireless Sues Tesla

September 26, 2020

Optis Wireless Technology, LLC; Optis Cellular Technology, LLC; Unwired Planet, LLC; Unwired Planet International Limited; and PanOptis Patent Management, LLC (collectively, Optis Wireless) have sued Tesla (2:20-cv-00310) over the provision of automobiles—including the Tesla Model S, 3, X, and Y—that communicate over the 4G/LTE cellular networking standard. The plaintiffs also seek a declaratory judgment “that its negotiation toward a FRAND license with Tesla—both directly and via patent pool Avanci—complied with FRAND” and “that Tesla has acted in bad faith and has lost its right to obtain a FRAND license”. The case has been assigned to Judge Rodney Gilstrap in the Eastern District of Texas, who just tried an Optis Wireless case to a jury that returned a $506.2M verdict against Apple.

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