ASUS Technology Licensing Inc. et al. v. AT&T Mobility LLC, et al.

Analysis Group was retained by McKool Smith on behalf of AT&T, Verizon, T-Mobile, Ericsson, and Nokia, defendants and intervenors in multiple consolidated patent infringement actions brought by ASUS Technology Licensing, Celerity IP, and Innovative Sonic. Plaintiffs alleged that the carriers’ 5G wireless networks infringed three standard essential patents related to wireless communications technology and sought $436 million in damages. The litigation also involved competing claims concerning whether the parties had fulfilled their obligations to negotiate patent licenses on FRAND terms.

Managing Principal Lauren Kindler evaluated the damages being sought by plaintiffs and testified at trial on damages and FRAND issues. She was supported by an Analysis Group team led by Vice Presidents Kimberly Attia and Thomas McGahee.

Academic affiliate Professor Joel Steckel filed an expert report rebutting plaintiffs’ survey expert. He was supported by an Analysis Group team led by Managing Principal Rene Befurt and Vice President Anne Cai.

Following trial, a jury in the US District Court for the Eastern District of Texas found that the defendants did not infringe any of the nine asserted claims in the three patents at issue and that all nine claims were invalid. The jury also found that plaintiffs failed to prove that the carriers, along with intervenors Ericsson and Nokia, had breached their duty to negotiate in good faith, while the plaintiffs had breached their licensing obligations to offer licenses on FRAND terms. The jury awarded no damages.