CommScope wins appeal affirming injunction and $6 million in damages against Dali Wireless

Via CommScope

Sep 9, 2021

HICKORY, NC: CommScope, a global leader in network connectivity, secured another significant win in its litigation with Dali Wireless (“Dali”). CommScope received a favorable ruling from the Court of Appeals for the Federal Circuit. The ruling affirms a lower court judgment that Dali Wireless (“Dali”) willfully infringed five CommScope patents, maintaining the injunction and $6 million enhanced damages against Dali. The ruling also reversed the judgment on a Dali patent, erasing $6.6 million that was awarded to Dali. Following this appeal ruling, the damages awarded nets-out to approximately $3.5 million in CommScope’s favor.

The Federal Circuit ruling follows a lengthy patent infringement suit that was initiated by CommScope in 2016. CommScope enforced five digital distributed antenna system (DAS) patents against Dali’s tSeries and Matrix products. Dali responded by filing two patent infringement counterclaims. Dali asserted one patent (U.S. Patent No. 9,031,521) against CommScope’s FlexWave Prism and a second patent (U.S. Patent No. 9,531,473) against an early version of CommScope’s ION-E product. Following a jury trial, the United States District Court for the Northern District of Texas issued a judgment addressing each party’s patents. CommScope filed an appeal on the judgment addressing Dali’s two patents. Dali filed an appeal on the judgment addressing CommScope’s patents. The Federal Circuit denied Dali’s appeal, thus securing the judgment that Dali Wireless (“Dali”) willfully infringed five CommScope patents.

“CommScope builds world-class communications networks for large venues around the world,” said Matt Melester, chief technology officer for CommScope’s Venue and Campus Networks. “We are pleased with the Federal Circuit ruling. This ruling locks in our first objective for this appeal which was to preserve CommScope’s complete win on each of its five patents.”

As to Dali’s two patents, CommScope’s appeal was successful as to ‘521 patent asserted against CommScope’s Flexwave Prism product. The Federal Circuit found no infringement, reversing the judgment of the lower court that CommScope’s Flexwave Prism product infringed the ‘521 patent.

“This reversal on Dali’s 521 patent eliminates the bulk of damages awarded to Dali,” said Matt Melester. “By this win against Dali’s ‘521 patent, we achieved our second objective that the damages awarded nets-out in CommScope’s favor.”

As to Dali’s ‘473 patent, the Patent Office has already ruled that the asserted claims are invalid in a parallel Inter Partes Review proceeding. Dali has filed an appeal of that ruling.

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