Adtran and Arnold Ruess overturn first instance ruling in Orckit dispute

US telecommunication company Adtran and Israeli company Orckit IP have battled for years over two network technology patents. Orckit claims that Adtran’s products infringe its IP rights EP 1 974 485, covering VPLS failure protection in ring networks, as well as EP 3 068 077, which covers forwarding multicast traffic over link aggregation ports.

While the patent holder was successful in its two cases at Düsseldorf Regional Court, the tables have turned in the latest ruling at the Düsseldorf Higher Regional Court.

Orckit stumbles at second instance

In early 2023, the Düsseldorf Higher Regional Court’s 2nd senate overturned the ruling from the first-instance court concerning patent EP 077 (case ID: I-2 U 28/20). The court has now ruled that Adtran also does not infringe EP 485 (case ID: I-2 U 37/19). Judge Thomas Kühnen handed down both decisions, which are based on expert reports, on his last day in court at the end of September.

Unless the claimant files an appeal against the denial of leave to appeal with the Federal Court of Justice, the series of proceedings between the two opponents has now reached its end in Germany. Orckit did not enforce the infringement judgments from Düsseldorf Regional Court, thus enabling Adtran to continue selling on the German market. As such, it is not expected to take action for damages. Adtran did not file nullity suits against the patents.

More to come

Alongside its dispute with Adtran, Orckit is enforcing various patents against other competitors. One case in the battle with Extreme Networks also involves EP 077. Düsseldorf Regional Court upheld the claim in autumn 2020, but appeal proceedings are currently stayed (case ID I-2 U 50/20).

Extreme Networks also filed a nullity suit, whereby the Federal Patent Court upheld EP 077 with restrictions. The appeal against this is pending at the Federal Court of Justice (X ZR 128/22).

In a further suit concerning EP 1 958 364, the 4a Chamber of Düsseldorf Regional Court dismissed the claim; appeal proceedings are now pending (I-2 U 10/20). In the parallel nullity suit, the Federal Patent Court upheld EP 364. Then, in October, the Federal Court of Justice upheld this decision on appeal (case ID: X ZR 104/21).

Further proceedings over former Orckit patents covering network technology are currently underway between Mala Technologies and Nokia. These involve the IP rights EP 2 044 709 and EP 2 057 796,, which Mala took over from Orckit IP. Following judgments from the Düsseldorf Regional Court in summer 2023, these lawsuits are currently on appeal (case IDs: I-15 U 49/23 and I-15 U 50/23).

Long-established relationships

Thomas Lynker

The relationship between Orckit IP and Taliens has existed since Taliens was in its infancy. The Munich IP boutique has conducted the infringement proceedings against Adtran, as well as in the parallel proceedings against Extreme Networks, from the start. Thomas Lynker’s team is also running further proceedings involving similar technology for Israeli company Mala Technologies. It took over patents from Orckit IP.

Orckit CEO Yehuda Binder, who has experience as a US patent agent, advised on technical issues. Thus, the case did not involve any other patent attorneys on the claimant’s side.

Arnold Ruess for Adtran

Arnold Ruess also has a long-standing client relationship with Adtran. The Düsseldorf-based IP boutique advised the US company on IP issues as early as 2012, when it acquired Nokia Siemens Networks’ broadband business. Arnold Ruess regularly advises in network and mobile communication matters, for example Nokia in a lawsuit against Amazon.

Arno Riße

Furthermore, cooperation with patent attorney Roland Brachmann, who once more advised the technical side of the lawsuit, is also long established.

For Orckit IP
Taliens (Munich): Thomas Lynker (partner); associate: Thomas Reithmann
In-house (Israel): Yehuda Binder (CEO)

For Adtran
Arnold Ruess (Düsseldorf): Arno Riße, Bernhard Arnold (both lead); associate: Lisa Rieth
Lieres Brachmann Schulze (Munich): Roland Brachmann (patent attorney)

Higher Regional Court Düsseldorf, 2nd Civil Senate
Thomas Kühnen (presiding judge)