Unwired Planet Inc. (UPIP), the patent licensing company run by Boris Teksler, said it lost the second of five enforcement actions against Samsung Electronics and Huawei Technologies Co. in U.K. court.
The decision by Judge Colin Birss in the Chancery Division of the High Court of Justice, Patents Court in London comes after he found other patents valid and infringed in a November decision.
Earlier this month, a Dusseldorf District Court in Germany handed Unwired Planet an infringement victory against Samsung, Huawei and LG Electronics.
The court found that Samsung, Huawei and LG each infringed on three Unwired Planet patents that pertain to how wireless signals to cell phones are handed off from cell tower to cell tower and organized and managed by wireless networks to avoid collisions.
The judgments come after an initial trial held in June against Huawei, and a multi-day trial held in late November and December against the other defendants.
A ruling in favor of Unwired Planet against HTC has been stayed while HTC appeals to the Court of Justice of the European Union. A fifth party, Google Inc., settled with Unwired Planet two weeks before Teksler took over as CEO of Unwired Planet but after the appointment was announced.
“We are obviously disappointed with the result but at the same time appreciate that the issues raised were extremely complex both from a legal and technical point of view,” Teksler said in a statement. “Our attorneys are currently studying and digesting the judgment. This setback has not diminished our faith in the European courts which we believe continue to serve as a model to the rest of the world on how to conduct complex patent trials.”
In an interview, Teksler said Unwired Planet was not surprised by the ruling and never expected to win them all. "The normal success rate is one for three and we're way ahead of that." While Unwired Planet is one for three in the U.K. courts, it's four for six in Germany.
"We're not discouraged. It's another datapoint. The court added another datapoint that will help in our efforts to win settlements."
The third trial is scheduled to begin February 1 and will cover another cellular standard essential patent (SEP). There will be two additional technical trials in May and July, followed by a separate trial scheduled in October 2016 to cover competition and fair and reasonable and nondiscriminatory or FRAND damages issues.
Shares of Unwired Planet fell $1.73 or 16.1% to $9.03. They’ve traded between $6.48 and $13.20 over the past year.
—To reach the reporter responsible for this story please contact Dan Lonkevich at 707 318-7899 or firstname.lastname@example.org