1 in the United States District Court for the Eastern
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ERICSSON INC., § TELEFONAKTIEBOLAGET LM § ERICSSON, § § Case No. 2:15-cv-00011-RSP Plaintiffs, § § v. § § TCL COMMUNICATION TECHNOLOGY § HOLDINGS, LTD., TCT MOBILE § LIMITED, TCT MOBILE (US) INC., § § Defendants. § MEMORANDUM OPINION AND ORDER Trial in this case is scheduled to begin December 4, 2017. The following opinion and order resolves the parties’ pending motions, with the exception of motions in limine, which will be addressed at the pretrial conference. BACKGROUND The parties to the lawsuit are global networking and telecommunications equipment and services companies. The two plaintiffs are companies based in the United States and Sweden. Ericsson is a Delaware corporation based in Plano, Texas. Compl. ¶ 1, Dkt. No. 1. Telefonaktiebolaget LM Ericsson is based in Stockholm, Sweden. Id. ¶ 2. The plaintiffs are collectively referred to as “Ericsson.” Ericsson owns two relevant patent portfolios. The first is a portfolio that Ericsson alleges includes patents that are essential to global 2G, 3G, and 4G telecommunications standards established by the European Telecommunications Standards Institute (ETSI). See TCL Commc’n Tech. Holdings, Ltd. v. Telefonaktienbolaget LM Ericsson et al., Case No. 8:14-cv-00341-JVS- 1 DFM, Dkt. No. 279-1 at 2 (C.D. Cal. June 29, 2015). The second is a portfolio that includes patents claiming inventions used to implement telecommunications standards in cellular handsets, smartphones, tablet computers, televisions, and other electronic devices. Compl. ¶ 3, Dkt. No. 1. Ericsson has not declared the patents in the second portfolio essential to ETSI telecommunications standards. See TCL Commc’n Tech.
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