ParkerVision Inc. (PRKR), the patent monetization company run by CEO Jeffrey Parker, said its German subsidiary ParkerVision GmbH filed a patent infringement action against LG Electronics Deutschland GmbH in Germany.
The enforcement action involves the alleged infringement of the German part of European Patent 1 206 831. The complaint, which was filed in Munich Regional Court, seeks injunctive relief and damages for infringing devices being offered, brought to market, used or introduced in Germany.
ParkerVision said the accused products in the action include the LG G Flex 2, LG G3 and LG G5.
The company said it is being represented in the action by the law firm of Noerr LLP. The multinational law firm has more than 500 professionals and has substantial and expertise in handling complex German, European and international patent litigation.
“The decision to pursue our rights overseas was made following significant effort to reach equitable business arrangements for the use of our intellectual property,” Parker said in a statement.
ParkerVision is turning to a German court after a string of unsuccessful actions in the U.S. The company failed in an attempt to get the Court of Appeals for the Federal Circuit to overturn a federal judge’s ruling throwing out a $173 million jury award against Qualcomm.
Patent monetization companies increasingly view the U.S. court system as biased against them in the wake of U.S. Supreme Court rulings that have made injunctions all but impossible. Moreover the high court and the Federal Circuit have increasingly shown skepticism for large damages awards especially to non-practicing entities or NPEs.
As a result, a number of NPEs have been filing enforcement actions overseas with some modicum of success including Acacia Research Corp. (ACTG), Marathon Patent Group Inc. (MARA) and Unwired Planet Inc. (UPIP).
“We have reached the point where international legal action is appropriate to defend our intellectual property rights abroad in order to protect the investment our shareholders have made in our patented assets,” Parker said.
Last week, Los Angeles-based Marathon enforced injunctions against Yahoo! and Pinterest in Germany after winning rulings of infringement and validity. In December, Newport Beach, California-based Acacia won an injunction against HTC Corp. preventing the telecommunications company from selling wireless handsets featuring high definition voice coding in Germany.
Parker stressed that ParkerVision’s preference is to negotiate arms-length transactions for the use of its intellectual property.
“However, we must be, and are, willing to pursue our rights through the legal system where necessary. Our goal remains to establish ParkerVision as a global presence for licensing and development of products based on its wireless technologies.”
—To reach the reporter responsible for this story, please contact Dan Lonkevich at 707 318-7899 or at firstname.lastname@example.org