Last summer, we reported on a jury verdict and post-trial rulings in favor of SEP patent holder Ericsson in its infringement suit against several manufacturers of WiFi-compliant products. As we noted, the jury awarded several million dollars for infringement of Ericsson’s 802.11-essential patents. Thereafter, several defendants took an appeal to the Federal Circuit, which is still pending.
Earlier this week, the district court granted Ericsson and defendant Belkin’s joint motion to dismiss the case with prejudice as to Belkin. According to the motion, Ericsson and Belkin “settled their claims against one another . . . on the record, and on the eve of the jury returning its verdict in this matter.” “To comply with that settlement agreement, Ericsson and Belkin  seek to dismiss their respective claims with prejudice, and to have the final record in this case reflect their settlement and dismissals.”
According to the Order, “[b]ecause the jury was deliberating when Belkin and Ericsson announced their settlement, and because Belkin and Ericsson had yet to present the Court with their now-filed agreed upon dismissal, the Court did not alter the jury verdict form and entered judgment so as to not delay proceedings, including the appeal that the other defendants in the case have now taken.” The dismissal order “shall in no way affect or alter the judgment as to the other defendants in this action other than Belkin or have any effect on the existing appeal to which Belkin is not a party.” The Court vacated the final judgment as to Belkin, and ordered Ericsson and Belkin to cover their own attorneys’ fees, costs of court, and expenses.