Apple faces Eastern Texas patent suit over LTE standards
Apple is facing another patent lawsuit in the Eastern District of Texas, just days after the technology company confirmed its plans to close two of its stores in the district.
On Monday, February 25, Optis Wireless Technology (and other plaintiffs) filed a claim at the US District Court for the Eastern District of Texas. In the claim, Optis alleged that Apple had infringed a portfolio of seven patents related to long term evolution (LTE) standards through the sale of Apple’s iPhone, iPad and Watch lines of products.
LTE, commonly marketed as ‘4G LTE & Advanced 4G’, is a standard for high-speed wireless communication for devices.
The plaintiffs, Optis Wireless Technology, Unwired Planet, and PanOptis Patent Management, own portfolios of patent families relating to 3G and 4G technologies and appear to be non-practicing entities.
Many of Optis’s patents were originally owned by Panasonic, LG Electronics, Samsung Electronics and Ericsson.
Optis’s complaint alleged that despite repeated negotiations, it has been unable to reach a fair, reasonable and non-discriminatory (FRAND) agreement with Apple for a global licence to the plaintiffs’ patent portfolios.
Back in January 2017, the plaintiffs sent Apple correspondence initiating their “good faith efforts” to license their essential patents to Apple on FRAND terms, according to the claim.
Optis also claimed that it had met in-person with Apple representatives on several occasions but that Apple had “failed to negotiate in good faith”.
“Apple is failing to honour that FRAND licensing is a two-way street, requiring not only that the licensor is fair and reasonable in providing licensing terms, but also that the licensee is fair and reasonable in accepting them when they are offered,” added the claim.
Optis is seeking “damages at least in the form of reasonable royalties”, along with a declaration that it negotiated in good faith and otherwise complied with FRAND.
Earlier this week, WIPR reported that Apple will close two of its stores in the Eastern District of Texas.
Although Apple didn’t confirm why it had made the move, the strategy may better protect the company against patent litigation in the district, an infamous hotspot for patent suits.
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