The Court of Appeals for the Federal Circuit dismissed ParkerVision's expedited appeal for lack of jurisdiction and remanded its patent infringement case against Qualcomm back to the middle district of Florida. The Federal Circuit said the case will pick up where it was prior to the district court's Rule 54(b) order, leaving it to the district court's discretion how to proceed, and it declined to rule on the merits of the receiver claim construction. ParkerVision had appealed the district court's 3rd claim construction ruling, which resulted in a summary judgment dismissal of its receiver patent claims. On remand, the company will pursue a jury trial for infringement of its transmitter patent claims and preserve the right to appeal the receiver claim construction after a final ruling in the transmitter case, with damages of approximately $440 million sought for the transmitter portion, excluding potential interest. The Federal Circuit also denied ParkerVision's request to assign the case to a new district court judge. CEO Jeffrey Parker called the decision procedural and said the company remains confident in the strength of its patents.
Qualcomm IncorporatedPatent infringement case against Qualcomm remanded to district court, leaving litigation ongoing with no merits ruling.
Federal Circuit remand lets ParkerVision pursue a jury trial on its transmitter patent claims seeking ~$440M in damages.
