Tel Aviv-based patent holder Orckit IP has scored another victory on patent infringement at Düsseldorf Regional Court. The presiding judge found US company Extreme Networks infringed a network technology patent held by the Israeli company. As a result, Extreme Networks may not sell the affected products on the German market.
19 October 2020 by Mathieu Klos
Last week, Düsseldorf Regional Court ruled that San Jose-based company Extreme Networks infringed EP 30 68 077, owned by Orckit IP. The patent protects a technology concerned with forwarding multicast traffic over link aggregation ports.
The court ordered an injunction against Extreme Networks. It also ordered the company to render accounts, provide information and pay damages (case ID: 4a O 59/19). Orckit IP has not requested the recall and destruction of the infringing products.
The Israeli company can now enforce the judgment against a security of 1.25 million euros, thus forcing its opponent’s products from the German market. Extreme Networks is expected to appeal.
Extreme Networks manufactures wired and wireless network infrastructure equipment and related software. In February, the US company successfully fended off the first lawsuit by Orckit IP concerning another patent. The Israeli company appealed against the judgment to the Higher Regional Court in Düsseldorf.
Both decisions are part of a larger series of suits filed by the Israeli company against manufacturers of network technology. In 2018, it took action against Adtran, another US manufacturer of network technology. In summer 2019, the Düsseldorf Regional Court ruled that Adtran had infringed on a network technology patent.
This was followed last summer by another positive ruling for Orckit IP against the US company. This concerns EP 30 68 077. Adtran is appealing against both rulings.
Extreme Networks has gone on the offensive against the two disputed patents, filing nullity suits with the Federal Patent Court. The court has yet to make its decision.
The relationship between Orckit IP and Taliens has existed since Taliens was in its infancy. The Munich IP boutique also ran the cases against Adtran.
Extreme Networks originally started its defence with a team from Bird & Bird in Munich, but changed horses during the proceedings. It now banks on a DLA Piper team around Markus Gampp in Munich.
The team is also conducting the nullity suits against Orckit IP’s patents. Both parties do not include patent attorneys for either the infringement or the revocation proceedings.
For Orckit IP
Taliens (Munich): Thomas Lynker (lead); associate: Christian Werner
For Extreme Networks
DLA Piper (Munich): Markus Gampp, Constanze Krenz (both lead); associates: Sonja Mroß, Benedikt Hammerschmid
Regional Court Düsseldorf 4a Chamber
Tim Crummenerl (presiding judge)