Dali Wireless, Inc. v. T-Mobile US, Inc. et al
Case Summary
On October 21, 2022, Dali Wireless, Inc. (“Dali” or “Plaintiff”), represented by Andrea L. Fair and Claire A. Henry of Ward, Smith & Hill, PLLC, filed an intellectual property lawsuit against T-Mobile US, Inc. and T-Mobile USA, Inc. (collectively, “T-Mobile”), Ericsson Inc., Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”), CommScope Holding Company, Inc., CommScope, Inc., and CommScope Technologies LLC (collectively, “CommScope”) (all collectively, “Defendants”), seeking declaratory and injunctive relief with damages for alleged patent infringement. This case was filed in the U.S. District Court for the Eastern District of Texas.
Plaintiff filed this action for the alleged infringement of U.S. patent Nos. 10,750,382 (the “’382 patent”), 9,197,358 (the “’358 patent”), 11,026,232 (the “’232 patent”), 10,334,499 (the “’499 patent”), 8,682,338 (the “’338 patent”), 11,006,343 (the “’343 patent”),and 9,820,171 (the “’171 patent”) (collectively, the “Patents-in-Suit”).
In the complaint, the plaintiff alleged, “T-Mobile and CommScope have been infringing the ’382 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include equipment relating to small cell wireless solutions, such as CommScope’s ION®-E/ERA platform.”
The plaintiff further alleged, “T-Mobile and CommScope have been infringing the ’358 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include equipment relating to small cell wireless solutions, such as CommScope’s OneCell product.”
The plaintiff then alleged, “T-Mobile and CommScope have been infringing the ’232 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as CommScope’s ION®-E/ERA platform.”
Plaintiff also alleged, “T-Mobile and CommScope have been infringing the ’499 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as CommScope’s ION®-E/ERA platform.”
Plaintiff additionally alleged, “T-Mobile and CommScope have been infringing the ’343 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as CommScope’s ION®-E/ERA platform.”
The plaintiff further alleged, “T-Mobile and Ericsson have been infringing the ’499 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as Ericsson’s Radio Dot System.”
The plaintiff then alleged, “T-Mobile and Ericsson have been infringing the ’338 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as Ericsson’s Radio Dot System.”
Plaintiff also alleged, “T-Mobile and Ericsson have been infringing the ’343 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include Ericsson’s Radio Dot System.”
The plaintiff additionally alleged, “T-Mobile and Ericsson have been infringing the ’171 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using T-Mobile’s LTE and 5G networks which include small cell wireless solutions such as Ericsson’s Radio Dot System.”
Plaintiff presented eleven claims for relief from alleged infringement of the patents-in-suit.
In the prayer for relief, the plaintiff requested declaratory and injunctive relief along with an award of damages, ongoing royalties, and pre- and post-judgment interest.
This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.
Case Details
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Case Number:
2:22-CV-00414
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Filing Date:
10/21/2022
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Case Status:
Pending - Other Pending
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Case Type:
Intellectual Property - Patent
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Court:
-
Courthouse:
Judge Details
Referral Judge
Roy S. Payne
Presiding Judge
Robert W. Schroeder, III
Party Details
Plaintiff
Dali Wireless, Inc.
Defendants
T-Mobile US, Inc.
T-Mobile USA, Inc.
Ericsson Inc.
Telefonaktiebolaget LM Ericsson
CommScope Holding Company, Inc.
Commscope, Inc.
CommScope Technologies LLC
Attorney/Law Firm Details
Plaintiff Attorneys
Cristofer Ivan Leffler
Andrea Leigh Fair
Cliff Win, Jr.
Joseph Michael Abraham
Stefan Szpajda
Steven Thomas Skelley
Claire Abernathy Henry
Defendant Attorneys
Melissa Richards Smith
Deron R Dacus
Eric Hugh Findlay
Court Documents
(#24) Defendants' Unopposed Second Application for Extension of Time to Answer Complaint re CommScope Holding Company, Inc., CommScope Technologies LLC, Commscope, Inc. (Findlay, Eric) (Entered: 12/14/2022)
(#23) ORDER granting #22 Unopposed MOTION for Extension of Time to File Answer . Signed by Magistrate Judge Roy S. Payne on 12/14/2022. (nkl, ) (Entered: 12/14/2022)
Text of Proposed Order
Main Document
(#21) SUMMONS Returned Executed by Dali Wireless, Inc.. CommScope Holding Company, Inc. served on 11/9/2022, answer due 12/15/2022. (Henry, Claire) (Entered: 11/10/2022)
(#20) SUMMONS Issued as to CommScope Holding Company, Inc.. (nkl, ) (Entered: 11/08/2022)
(#19) ORDER granting #18 Unopposed MOTION for Extension of Time to Respond toPlaintiffs Complaint and Waiver of Foreign Service Requirement. Signed by Magistrate Judge Roy S. Payne on 11/8/2022. (nkl, ) (Entered: 11/08/2022)
Text of Proposed Order
Main Document
Summons(es) T-Mobile USA, Inc.
Summons(es) T-Mobile US, Inc.
Summons(es) Ericsson Inc.
Summons(es) CommScope Inc.
Summons(es) CommScope Holding Company, Inc.
(#5) NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Dali Wireless, Inc. (Fair, Andrea) (Entered: 10/21/2022)
(#4) DEMAND for Trial by Jury by Dali Wireless, Inc.. (Henry, Claire) (Entered: 10/21/2022)
(#3) CORPORATE DISCLOSURE STATEMENT filed by Dali Wireless, Inc. identifying Other Affiliate Dali Systems Co. Ltd for Dali Wireless, Inc.. (Henry, Claire) (Entered: 10/21/2022)
(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Henry, Claire) (Entered: 10/21/2022)
Docket Entries
DocketDefendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for CommScope Technologies LLC to 12/30/2022; CommScope Holding Company, Inc. to 12/30/2022; Commscope, Inc. to 12/30/2022. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 12/14/2022)
[-] Read LessDocket(#24) Defendants' Unopposed Second Application for Extension of Time to Answer Complaint re CommScope Holding Company, Inc., CommScope Technologies LLC, Commscope, Inc. (Findlay, Eric) (Entered: 12/14/2022)
[-] Read LessDocket(#23) ORDER granting #22 Unopposed MOTION for Extension of Time to File Answer . Signed by Magistrate Judge Roy S. Payne on 12/14/2022. (nkl, ) (Entered: 12/14/2022)
[-] Read LessDocket(#22) Unopposed MOTION for Extension of Time to File Answer by T-Mobile US, Inc., T-Mobile USA, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) (Entered: 12/13/2022)
[-] Read LessDocket(#21) SUMMONS Returned Executed by Dali Wireless, Inc.. CommScope Holding Company, Inc. served on 11/9/2022, answer due 12/15/2022. (Henry, Claire) (Entered: 11/10/2022)
[-] Read LessDocket(#20) SUMMONS Issued as to CommScope Holding Company, Inc.. (nkl, ) (Entered: 11/08/2022)
[-] Read LessDocketAnswer Due Deadline Updated for Ericsson Inc. to 2/13/2023; Telefonaktiebolaget LM Ericsson to 2/13/2023. (nkl, ) (Entered: 11/08/2022)
[-] Read LessDocket(#19) ORDER granting #18 Unopposed MOTION for Extension of Time to Respond toPlaintiffs Complaint and Waiver of Foreign Service Requirement. Signed by Magistrate Judge Roy S. Payne on 11/8/2022. (nkl, ) (Entered: 11/08/2022)
[-] Read LessDocket(#18) Unopposed MOTION for Extension of Time to File Unopposed Motion for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint and Waiver of Foreign Service Requirement, MOTION for Extension of Time to File Answer re #1 Complaint,, by Ericsson Inc., Telefonaktiebolaget LM Ericsson. (Attachments: #1 Text of Proposed Order)(Dacus, Deron) (Entered: 11/07/2022)
[-] Read LessDocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for CommScope Technologies LLC to 12/15/2022; CommScope Holding Company, Inc. to 12/15/2022; Commscope, Inc. to 12/15/2022. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 11/04/2022)
[-] Read LessDocket(#8) NOTICE of Attorney Appearance by Cliff Win, Jr on behalf of Dali Wireless, Inc. (Win, Cliff) (Entered: 10/24/2022)
[-] Read LessDocket(#7) NOTICE of Attorney Appearance by Stefan Szpajda on behalf of Dali Wireless, Inc. (Szpajda, Stefan) (Entered: 10/24/2022)
[-] Read LessDocket(#6) SUMMONS Issued as to CommScope Holding Company, Inc., CommScope Technologies LLC, Commscope, Inc., Ericsson Inc., T-Mobile US, Inc., T-Mobile USA, Inc., Telefonaktiebolaget LM Ericsson. (Attachments: #1 Summons(es) CommScope Holding Company, Inc., #2 Summons(es) CommScope Inc., #3 Summons(es) CommScope Technologies LLC, #4 Summons(es) Ericsson Inc., #5 Summons(es) T-Mobile US, Inc., #6 Summons(es) T-Mobile USA, Inc.)(nkl, ) (Entered: 10/24/2022)
[-] Read LessDocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 10/24/2022)
[-] Read LessDocketCase Assigned to District Judge Robert W. Schroeder, III and Magistrate Judge Roy S. Payne. (nkl, ) (Entered: 10/24/2022)
[-] Read LessDocket(#5) NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Dali Wireless, Inc. (Fair, Andrea) (Entered: 10/21/2022)
[-] Read LessDocket(#4) DEMAND for Trial by Jury by Dali Wireless, Inc.. (Henry, Claire) (Entered: 10/21/2022)
[-] Read LessDocket(#3) CORPORATE DISCLOSURE STATEMENT filed by Dali Wireless, Inc. identifying Other Affiliate Dali Systems Co. Ltd for Dali Wireless, Inc.. (Henry, Claire) (Entered: 10/21/2022)
[-] Read LessDocket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Henry, Claire) (Entered: 10/21/2022)
[-] Read LessDocket(#1) COMPLAINT against CommScope Holding Company, Inc., CommScope Technologies LLC, Commscope, Inc., Ericsson Inc., T-Mobile US, Inc., T-Mobile USA, Inc., Telefonaktiebolaget LM Ericsson ( Filing fee $ 402 receipt number ATXEDC-9192657.), filed by Dali Wireless, Inc.. (Attachments: #1 Exhibit 1 - U.S. Patent No. 10,750,382, #2 Exhibit 2 - U.S. Patent No. 9,197,358, #3 Exhibit 3 - U.S. Patent No. 11,026,232, #4 Exhibit 4 - U.S. Patent No. 10,334,499, #5 Exhibit 5 - U.S.Patent No. 8,682,338, #6 Exhibit 6 - U.S. Patent No. 11,006,343, #7 Exhibit 7 - U.S. Patent No. 9,820,171, #8 Civil Cover Sheet)(Henry, Claire) (Entered: 10/21/2022)
[-] Read Less
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