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"ZTE Settles in Multi-Defendant Cellphone Patent Suit," Law360


Chinese telecom company ZTE Corp. is settling in a consolidated IP suit from a licensing company that also accuses Apple, Motorola and other mobile heavyweights of infringing on data transfer patents, according to dismissal papers filed in Texas federal court on Wednesday.

Papst Licensing GmbH & Co. KG sued ZTE as well as other companies over its patents that cover methods and systems of transferring data — in particular, the kind of interface communication that takes place between a computer and another device,according to its complaint. The action claimed infringement with smartphones and tablet devices.

An unopposed motion to dismiss filed Wednesday says that Papst and ZTE have settled the dispute and asks the court to dismiss the claims with prejudice. The parties asked the court in December to stay deadlines in the case while they finalized details of the deal, which was reached in mid-September.

“Under the parties’ settlement agreement, each party will bear its own attorneys’ fees and costs and expenses incurred by or on behalf of said party in connection with this action,” Wednesday’s motion said.

The suit is one of several consolidated into a lead case that Papst had brought against Apple involving the same patents. Other defendants include Samsung Electronics Co. Ltd., Lenovo Inc. and Motorola Mobility LLC.

The patents Papst asserted against ZTE are U.S. Patent Numbers 6,470,399; 6,895,449; 8,504,746; 8,966,144; and 9,189,437.

The lead case is Papst Licensing GmbH & Co. KG v. Apple Inc., Cause No.  6:15-cv-1095, in the U.S. District Court for the Eastern District of Texas.

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DiNovo Price LLP is an Austin-based law firm that handles intellectual property and antitrust litigation nationwide. DiNovo Price represents inventors, public corporations, privately-held businesses, and consumers, both individually and in class actions.