L2 Mobile Files a Second New Complaint Under Seal

Eastern District of Texas Judge Rodney Gilstrap has granted a request by L2 Mobile Technologies LLC, a Longhorn IP LLC plaintiff, to file a new complaint against OnePlus (2:23-cv-00087) under seal, a redacted version of that pleading appearing on the docket several days later. The public version reveals some parallels with a sealed complaint that L2 Mobile filed in Delaware against TCL (TCT Mobile) last fall: the assertion of three allegedly standard essential patents (although not the same three patents) together with requests for declaratory judgments that L2 Mobile complied with its commitment to offer a license under fair, reasonable, and nondiscriminatory (FRAND) terms and that the defendant “has acted in bad faith, is an unwilling licensee, has breached its obligation to negotiate in a FRAND manner, and has forfeited and exhausted any and all rights as a third-party beneficiary under a FRAND contract and to a FRAND license”.