Last week Administrative Law Judge (ALJ) Gildea granted Adaptix’s motion to withdraw its Complaint and investigation of Ericsson’s alleged infringement of patents alleged to cover LTE standards used by Ericsson’s base stations (see our prior posts discussing Adaptix’s motion and Ericsson’s response).

ALJ Gildea’s ruling was short and succinct, noting–but not opining on–Ericsson’s assertion that Adaptix was ending this case to avoid a sanction motion.  Thus ends the U.S. ITC dispute between the parties on this patent, with ALJ Gildea apparently sharing our prior speculation about what may occur since this dismissal does not resolve the parties’ dispute (e.g., current case pending in E.D. Tex.):

The Administrative Law Judge does note, however, that termination here will not involve resolution of the overall dispute between the parties, and should Complainant [Adaptix] file again on the same facts (see Mot. Mem. at 2), there is the danger of duplicated expenditure of public and private resources, not to mention other concerns, some of which are outlined in Respondents’ response to the motion.  The Administrative Law Judge finds, however, that these concerns should not be a bar to termination now, but should instead be addressed by the Commission or the presiding administrative law judge, as may be appropriate, should Complainant later file an additional complaint against Respondents [Ericsson] on the same operative facts.