Texarkana Jury Returns Patent Verdict

A Texarkana jury in Judge Robert W. Schroeder III’s court returned a verdict in favor of the plaintiff Pantech against defendant OnePlus in a case involving 5G wireless technology. It found all ten claims across five patents infringed, and none of the five claims challenged to be invalid. It awarded a total of $10.26 million, concluded that all five patents were infringed willfully, and declined to find that licensed base stations substantially embodied two of the patents – which is the finding the plaintiff sought.

Conflicts of Interest Waived … Mostly

Photo by Carol M. Highsmith

Ruling on the defendant’s objections to the magistrate judge’s order denying its motion to disqualify plaintiff’s counsel, Judge Schroeder noted that while the facts indicate an obvious conflict of interest, the defendant specifically waived most of the conflicts.

Complaints About Attorneys Fees Award Rejected


The plaintiff asserted several objections to Magistrate Judge Baxter’s award of fees, none of which Judge Schroeder agreed with. Specifically,

  • yes it can be a report and recommendation,
  • yes, you waived your objections to the court’s claim construction rulings,
  • yes, you should have known your infringement theories were unsupported when the summary judgment report came out in the companion case, and
  • yes, the case is “exceptional” – you continued to pursue theories that you knew or should have known were baseless, filed meritless motions, and argued positions that had already been rejected.