A Marshall jury returned a unanimous verdict Wednesday in favor of AT&T, Verizon, T-Mobile, Ericsson and Nokia, finding they did not infringe on three patents, denying the plaintiffs’ $436 million damages request.
ASUS Technology Licensing, Innovative Sonic, Celerity IP and ASUSTeK Computer Inc. sued in 2023, accusing AT&T, Verizon and T-Mobile of infringement through their use of Ericsson and Nokia mobile network equipment. Ericsson and Nokia intervened to defend their products and their customers.
The jury trial was nearly three weeks and started Aug. 14.
The jury found that AT&T, Verizon and T-Mobile did not infringe any of the nine asserted claims across the three patents-in-suit and that all nine claims are invalid.
They also found that the carriers, Ericsson and Nokia, had negotiated in good faith, while the plaintiffs and ASUSTeK breached their own obligation to offer a license on fair, reasonable and nondiscriminatory terms.
The three disputed patents directed quality of service flow, control resource set configuration and small cell enhancements.
U.S. District Judge Rodney Gilstrap entered final judgment after the verdict.
McKool Smith has two prior patent wins for T-Mobile and AT&T against Daingean Technologies last year in the Eastern District of Texas.
Nick Mathews, Warren Lipschitz, Erik Fountain, Christian Hurt, Matt Cameron, Eliza Beeney, Kevin Hess, Eric Hansen, Blake Bailey, John Briody, Jonathan Powers, Clare Churchman, Sam Moore, Chris Leone, Jamie Levien, Joseph Micheli and R. Arden Seavers of McKool Smith and Deron Dacus of the Dacus Firm represented AT&T, Verizon, T-Mobile, Ericsson and Nokia.
The plaintiffs were represented by Anthony Rowles, Benjamin Monnin, Caroline Radell, Christopher Abernethy, Jason Sheasby, Jordan Nafekh, Nora Chestney, Rebecca Carson, Robert Zhu, Russell Hoover and Stephen Payne of Irell and Manella; Charles Ainsworth and Robert Bunt of Parker Bunt & Ainsworth; and Jill Bindler of Gray Reed.
The case number is 2:23-cv-00486.