United States District Court, D. Delaware
E. Farnan, Michael J. Farnan, FARNAN LLP, Wilmington, DE
Henning Schmidt, Daniel R. Scardino, Drew Zerdecki, Kyle
Harter, REED & SCARDINO LLP, Austin, TX Counsel for
Plaintiff Mobile Telecommunications Technologies, LLC.
Richard L. Renck, DUANE MORRIS LLP, Wilmington, DE L. Norwood
Jameson, Matthew C. Gaudet, Alison H. Hutton, DUANE MORRIS
LLP, Atlanta, GA Joseph A. Powers, DUANE MORRIS LLP,
Philadelphia, PA Patrick S. Salceda, DUANE MORRIS LLP, Palo
Alto, CA Joshua B. Long, DUANE MORRIS LLP, Houston, TX
Counsel for Defendants Bright House Networks, LLC and Cox
Michael E. Jones, POTTER MINTON, Tyler, TX Counsel for
Defendant Bright House Networks, LLC.
Mitchell G. Stockwell, Michael J. Turton, Richard W.
Goldstucker, KILPATRICK TOWNSEND & STOCKTON LLP, Atlanta,
GA Counsel for Defendant Cox Communications, Inc.
U.S. District Judge.
before the Court are motions to dismiss for lack of personal
jurisdiction filed by Defendants Bright House Networks, LLC
("BHN") and Cox Communications, Inc.
("Cox").(C.A. No. 16-693 D.I. 20; C.A. No. 16-695
D.I. 19) For the reasons below, the Court will
grant both motions.
January 4, 2016, Plaintiff Mobile Telecommunications
Technologies, LLC ("MTel") filed seven suits in the
United States District Court for the Eastern District of
Texas (the "Eastern District of Texas"), each
alleging infringement of U.S. Patent Nos. 5, 590, 403
("'403 patent"); 5, 915, 210 ("'210
patent"); and 5, 659, 891 ('"891 patent")
(collectively, the "patents-in-suit" or
"asserted patents"). The seven actions were
consolidated into one lead case on April 11, 2016. (C.A. No.
16-692 D.I. 30)
April 13, 2016, declaratory judgment plaintiffs ARMS Group
Inc. ("ARRIS") and Ubee Interactive Inc.
("Ubee") (collectively, "DJ Plaintiffs")
filed separate actions against MTel in this Court, each
seeking declaratory judgment of non-infringement of the
patents-in-suit. (C.A. No. 16-259 D.I. 1; C.A. No. 16-260
D.I. 1) On April 19, 2016, BHN filed a similar declaratory
judgment action in this Court. (C.A. No. 16-277 D.I. 1)
3, 2016, MTel filed four additional lawsuits in the Eastern
District of Texas against four new defendants, alleging
infringement of the same three patents. Three of these
cases were consolidated into one lead case on July 21, 2016
(C.A. No. 16-700 D.I. 6), and the fourth was added on July
29, 2016 (id. at D.I. 7). (Hereinafter, the Court
refers to the 11 actions filed in the Eastern District of
Texas as the "Texas Actions" and the defendants in
those actions, collectively, as the "Texas
Plaintiffs and the Texas Defendants fall into two general
categories. Ruckus, ARRIS, Ubee, Juniper, Aerohive, Brocade,
HP, Firetide, and Xirrus are Wi-Fi equipment providers. Cox,
BHN, Charter, and TWC are cable network operators.
August 5, 2016, the Judicial Panel on Multidistrict
Litigation ("JPML") determined that centralization
of the 14 actions involving MTel was appropriate, and
transferred the cases to this Court for coordinated or
consolidated pretrial proceedings. (Case No. 16-md-2722
("MDL") D.I. 1)
patents-in-suit generally relate to wireless
telecommunications. The '403 patent is entitled
"Method and System for Efficiently Providing Two Way
Communication Between a Central Network and Mobile
Unit." The claims of the '403 patent cover methods
for wirelessly simulcasting information signals. ('403
patent at 33:11-30, 34:35-62)
'210 patent is entitled "Method and System for
Providing Multicarrier Simulcast Transmission." The
claims of the '210 patent cover systems for wirelessly
transmitting information via two sets of carrier signals in
simulcast. ('210 patent at 33:47-62, 34:44-64, 36:7-24)
'891 patent is entitled "Multicarrier Techniques in
Bandlimited Channels" and claims a system and methods
for transmitting wireless signals using specific frequency
spacing for carriers in a band-limited channel. ('891
patent at 6:4-44)
Cox filed their motions to dismiss for lack of personal
jurisdiction on March 18, 2016. (BHN D.I. 20; Cox D.I. 19)
The parties completed an initial set of briefs on the motions
on May 9, 2016. (BHN D.I. 20, 26, 27, 28; Cox D.I. 19, 25,
26, 27) The Court which BHN and ...