Orckit IP defeats ADTRAN in patent infringement suit

The Düsseldorf Regional Court found that a network technology patent held by Orckit IP was infringed by ADTRAN.

A German court has granted Israel tech firm Orckit IP victory over ADTRAN, a US supplier of networking and communications equipment.

Justice Sabine Klepsch, presiding judge of the Düsseldorf Regional Court found that ADTRAN infringed patent no. EP 1974485 B1 owned by the Tel Aviv-based patent holder. As a result, ADTRAN may not sell the affected products in Germany (Case ID: 4C 29/18).

The network technology patent in question is related to Virtual Private LAN Service (VPLS) failure protection in ring networks, a technology used in some of ADTRAN’s products.

After the management buy-out in 2015 of Orckit-Corrigent, a provider of telecommunications equipment, the resulting entity Orckit IP took over the insolvent company’s patent portfolio.

ADTRAN is a provider of network and communications equipment based in Alabama. The US company also produces solutions for video and internet communications across a variety of network infrastructures.

Orckit IP originally filed the lawsuit in May 2018 seeking injunctive relief, rendering of information and accounts, as well as damages against ADTRAN. Given the factual and legal peculiarities of the case, however, it is possible that ADTRAN may appeal the judgment.

After filing the initial lawsuit regarding patent no. EP 1974485 B1, Orckit IP expanded the scope of the lawsuit to include another patent. The oral hearing in the case is expected to be held in spring 2020. There are currently no pending parallel nullity proceedings.

Orckit IP was represented by Taliens (Munich), with partner Dr. Thomas Lynker leading the team, while ADTRAN was represented by Arno Riße of Arnold Ruess (Düsseldorf).