On Friday, Jan. 31, 2014, Cisco filed an answer-counterclaim in D. Del. against Rockstar in response to the complaint filed against Cisco by Rockstar’s subsidiary Bockstar (see our Jan. 2, 2014 post). Cisco’s counterclaim includes a declaratory judgment action based on Rockstar’s assertion of patents against cable operators that purchase Cisco equipment, including cable operators involved in separate suits with Rockstar (see our Jan. 2, 2014 post and Jan. 21, 2014 post).
Recall that last week Arris also filed a complaint against Rockstar based on Rockstar’s assertion of standard essential patents against cable operators, including some of those identified in Cisco’s counterclaim (see our Jan. 31, 2014 post). Unlike Arris’ action or prior action filed by some cable operators, Cisco’s counterclaim does not include an unfair competition action against Rockstar and its subsidiaries.
Also recall that Cisco and other equipment manufacturers filed the declaratory judgment actions against Innovatio based on Innovatio’s assertion of alleged WiFi standard essential patents against end-users of their equipment (e.g., hotels and coffee shops). That action so far led to a RAND-royalty determination by Judge Holderman considered favorable to Cisco (see our Oct. 3 2013 post) and is still pending to consider Cisco’s non-infringement and validity challenges against those patents.