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HomeCommScopeDali Wireless Awarded $9M in Lawsuit With Rival CommScope
CommScopeDAS & In Building WirelessNewsletterLatest Newsletter


DALI WIRELESS AWARDED $9M IN LAWSUIT WITH RIVAL COMMSCOPE



By Joe Dyton
June 27, 2019
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JURY DETERMINED COMMSCOPE INFRINGED ON TWO OF DALI’S PATENTS AND DALI INFRINGED
ON FIVE OF COMMSCOPES.

Dali Wireless, which designs wireless systems to help improve in-building
cellular communications, recently won its multi-year legal battle with CommScope
Technologies, the company announced in a release. The decision came from the
United States District Court for the Northern District of Texas in Dallas on
June 19. CommScope filed its lawsuit with the U.S. District Court in February
2016, but the jury unanimously sided with Dali Wireless on numerous
case-critical issues.
The Dallas jury decided CommScope had infringed on both of Dali Wireless’
patents-in-suit and awarded the company $9 million in damages. In the same
lawsuit, the jury determined Dali Wireless infringed CommScope’s patents, which
will expire soon and awarded CommScope $1.98 million. Dali had asserted U.S.
Patent No. 8,149,950 in this litigation, but both parties settled the claim when
Texas Instruments, CommScope’s supplier on the relevant chip, formed an
agreement with Dali to license the ‘950 patent.
“We feel justice was served by this jury decision,” Dali Wireless CEO Albert Lee
told Connected Real Estate Magazine. “I believe CommScope felt threatened by
Dali as a startup and innovator. We entered the market with very disruptive
technology and CommScope felt a need to slow us down.”
The dispute between the companies began in 2015 when Dallas Fort Worth
International Airport selected Dali over CommScope to install distributed
antenna systems (DAS) in airport buildings. After DFW awarded Dali the contract,
CommScope filed a lawsuit that claimed Dali had infringed on its patents. Dali
filed a countersuit, claiming CommScope had infringed. The case went to court
earlier this month, and after three weeks of proceedings, the jury provided its
ruling.
“We are very proud of our trial team,” attorney Cris Leffler of
the Seattle office of Dorsey & Whitney LLP, who represented Dali said in a
statement. “Dali Wireless’ innovative technology rightfully stood up over
CommScope’s older technology, which is apparent given the large difference in
award amounts.”
“Dali Wireless honored us by trusting us with this important challenge,” Mark
Strachan of the Dallas office of Bradley Arant Boult Cummings LLP that also
represented Dali said. “We are very pleased that the jury recognized and
protected the value of Dali Wireless’ intellectual property. If this were a
football game, then Dali Wireless scored a touchdown and a field goal, and
CommScope had only a field goal. As time ran out, Dali Wireless walked away with
the trophy.”
Dali Wireless also recently filed another lawsuit against CommScope in U.S
District Court for the District of Delaware to enforce other patents that cover
the company’s next generation technology in wireless distribution systems. Dali
is seeking damages and an injunction to stop the manufacturing, sales and
distribution of CommScope OneCell and ION E-products, which are also marketed as
“Era C-RAN antenna system.” The Delaware case is still pending.
“This is a victory not just for Dali, but for the entire industry—especially the
innovators,” Lee told Connected. “Small companies that bring disruptive
innovation often threaten the market share and revenues of incumbents like
CommScope. They are larger, and with much deeper pockets, use whatever means
they can to extinguish their risk, often at the expense of the small innovators.
We are committed to protecting our IP and fortunate to have been able to battle
through to the end of the case, as it was quite tough commercially and
financially throughout the long process.
Prior to press time, CommScope responded to Connected Real Estate Magazine’s
request for a comment. The company believes it too received a favorable jury
ruling as the verdict upheld its patents relating to digital DAS. CommScope
pointed to the fact that the Northern District of Texas jury found that Dali’s
t-series and Matrix products willfully infringed each of CommScope’s five
asserted patents.
The damages awarded were based on relevant sales of the products in question.
CommScope’s sales were $185 million versus Dali’s $2.5 million, according to
CommScope. That means Dali’s $9 million award was based on $185 million, while
CommScope’s $2 million award was on $2.5 million. Additionally, CommScope’s $2
million award does not take into account the jury’s finding of “willful
infringement,” which is still to be determined. CommScope is entitled to
requested enhanced damages and will file post-trial motions, including motions
to set aside the jury verdict as to Dali’s patents.
Meanwhile, the Patent Trial and Appeal Board (PTAB) rejected Dali Wireless’
petition challenging the validity of CommScope’s patent relating to digital
(DAS). The PTAB has granted CommScope’s petition to institute an Inter Partes
Review challenging the validity of one of Dali’s patents asserted in the Texas
action relating to digital distributed antenna systems.  A final decision on the
merits is expected later in August 2019.
“The favorable ruling for our DAS patents is a win for CommScope and our
customers,” Matt Melester, Senior vice president, Office of the CTO for
CommScope said in a statement. “We will continue to protect and defend
CommScope’s intellectual property while delivering innovative products and
solutions to help our customers succeed in their markets.”

 * Tags
 * CommScope
 * Connectivity
 * Dali Wireless
 * In Building
 * In-Building Cellular Coverage
 * in-building wireless
 * infringe
 * Internet of Things
 * IoT
 * legal
 * telecommunications
 * Wireless


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