The Federal Circuit has rejected a petition from Apple and Qualcomm challenging U.S. District Judge Alan Albright’s refusal to transfer patent litigation against the two tech giants by Red Rock from Texas to California, according to Law360 (a subscription is required to read the article).
He said the companies hadn’t met the “demanding standard” to show a “clear abuse” of discretion by the judge. The case will continue in Texas, which is much more friendly to patent trolls such as Red Rock.
In 2021 the company sued Apple and Qualcomm infringed on a RF calibration patent with certain of their 5G technologies. The lawsuit, filed in the U.S. District Court for the Western District of Texas, focuses on a handful of Qualcomm 5G wireless transceivers. It also goes after the iPhone 12 and iPhone 12 Pro (and, presumably, some Apple smartphones since then(, which incorporates the infringing transceiver technology because they use Qualcomm 5G modems.
The plaintiff in the case is non-practicing entity Red Rock — in other words, a “patent troll.” A patent troll is an individual or an organization that purchases and holds patents for unscrupulous purposes such as stifling competition or launching patent infringement suits. In legal terms, a patent troll is a type of non-practicing entity: someone who holds a patent but is not involved in the design or manufacture of any product or process associated with that patent.
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