Apple loses bid for third trial in $300 mln wireless patent case

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An Apple logo hangs above the entrance to the Apple store on 5th Avenue in the Manhattan borough of New York City, July 21, 2015. REUTERS/Mike Segar

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  • Award was reduced from over $500 million after second trial
  • Court rejected Apple's protests over latest trial

(Reuters) - Apple Inc failed to convince an East Texas court on Tuesday to hold a third trial after it was hit with a $300 million verdict for violating patent-holding company Optis Wireless Technology LLC's wireless-standard patent rights.

Apple told the court last year that it was entitled to a new damages trial or a ruling wiping out Optis' damages entirely. U.S. District Judge Rodney Gilstrap denied both of Apple's requests Tuesday, according to a notice of a sealed ruling.

The companies and their attorneys did not immediately respond to requests for comment.

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Plano, Texas-based Optis and its affiliates PanOptis Patent Management LLC and Unwired Planet LLC sued Apple in 2019, alleging its 4G LTE-capable products including iPhones, iPads, and Apple Watches infringed its patents.

The Optis patents are essential to the international LTE wireless standard. Gilstrap tossed a $506 million verdict for Optis last April because the jury had not heard evidence about Optis' duty to offer licenses to the patents on fair terms.

Gilstrap ordered a new trial on damages, but upheld the finding that Apple infringed. A new jury awarded Optis $300 million in August after the second trial.

Apple asked Gilstrap to throw out the award in October. The tech giant cited several alleged problems with the second trial, including issues with evidence, expert testimony, jury instructions and the amount of money Optis demanded.

The case is Optis Wireless Technology LLC v. Apple Inc, U.S. District Court for the Eastern District of Texas, No. 2:19-cv-00066.

For Apple: Mark Selwyn and Joseph Mueller of Wilmer Cutler Pickering Hale & Dorr

For Optis: Jason Sheasby of Irell & Manella

Read more:

Apple hit with $300 million patent verdict after new Optis trial

Apple wins new damages trial in $506 million patent loss

Apple socked with $506 million patent verdict in East Texas

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Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at