German Federal Patent Court Upholds CommScope Patents

The German Federal Patent Court has issued decisions upholding the validity of important CommScope patents that had been challenged by a competitor, COMLAB, the company said.

At an October 9 oral hearing, the German Federal Patent Court rejected challenges by COMLAB regarding the validity of the German part of European Patent EP1022849B1 (Action No. 5 Ni 6/17 (EP)) owned by CommScope´s affiliate Andrew Wireless Systems.

The Federal Patent Court already upheld the German part of European Patent EP2180605B1 in a decision dated March 27, 2019 (Action No. 6 Ni 23/17 (EP)). COMLAB filed appeal against the Federal Patent Court´s decision that is now pending before the Federal Supreme Court (X ZR 84/19) and can appeal the most recent decision.

COMLAB attempted to challenge the validity of both patents, but the October 9 decision by the German Federal Patent Court has now upheld both patents.

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