MARSHALL, Texas – An East Texas jury has awarded $31.5 million to Netherlands-based telecommunications company Koninklijke KPN N.V. (KPN) against Swedish multinational networking and telecommunications company Telefonaktiebolaget LM Ericsson and Ericsson Inc. for willfully infringing one of its patents used to improve telecommunications infrastructure systems.
The trial took place in the Eastern District of Texas, with the jury also finding on August 26 that Ericsson could not prove U.S. Patent No. RE48,089 was invalid in four claims. Plano, Texas is home to Ericsson’s North American headquarters.
Attorneys for KPN alleged that Ericsson distributed and sold products including 5G Radio Access Network, LTE Radio Access Network and WCDMA Radio Access Network components, which relied on KPN’s ‘089 patent. The lawsuit charged the company contracted with T-Mobile and AT&T for improvements to its 5G Network, as well as Verizon for its 5G Core Network using the patent.
The lawsuit describes the ‘089 patent as part of the Asserted Claims, which included U.S Patent Nos.8,881,235 B2 and U.S. Patent 9,253,637 B2.
“Our client had asked Ericsson to seek licenses for the patents, cautioning the company it was infringing on valid patents, but they chose to ignore the warnings,” said Ward, Smith & Hill co-founder, Johnny Ward. “We are honored to be a part of the legal team that represented KPN in this case and led to a favorable result.”
According to the lawsuit, KPN licenses patents to global communications companies around the world. Prior to filing the suit, KPN provided notice of infringement to Ericsson of each Asserted Patent and requested the company license the patents.
Ward, Smith & Hill attorneys Johnny Ward and Claire Abernathy Henry were part of the legal team along with attorneys from Susman Godfrey.
Longview, Texas-based Ward, Smith & Hill, PLLC, has tried more than 350 cases to verdict, earning a national reputation in high-stakes disputes involving complex commercial litigation, intellectual property law, oil and gas matters, bad faith insurance claims, and serious personal injury claims. The firm frequently assists lawyers nationwide in complex cases before Texas juries. To learn more about the firm, visit https://www.wsfirm.com.
