Airvana Wins Injunction in Ericsson Case
NEW YORK, N.Y., Mar. 20, 2013 – Airvana Network Solutions Inc., a Massachusetts based company that played a key role in the development of 3G wireless communications in the United States, announced today that that New York State Supreme Court has issued a preliminary injunction barring Ericsson Inc., Ericsson AB (“Ericsson”; NASDAQ: ERIC) or any party in privity with Ericsson from using, operating, testing or deploying certain Airvana-based EV-DO hardware unless it is executing software that is licensed from Airvana. As previously announced on February 8, 2012, Airvana commenced a lawsuit against Ericsson, alleging breach of contract, trade secret misappropriation, and unfair competition, in connection with Ericsson’s sale of EV-DO hardware based on Airvana designs. In a 41-page ruling yesterday, the Court determined that all of the EV-DO products marketed and sold by Ericsson that were the subject of the preliminary injunction motion were “based on Airvana hardware design” and that, accordingly, Airvana had demonstrated “a likelihood of success on the merits” in its claim for breach of contract.
The Court also confirmed that it will conduct a separate, related hearing in April on a second preliminary injunction motion filed by Airvana against Ericsson relating to the Digital Baseband Advanced (“DBA”) product marketed and sold by Ericsson. Based on information Airvana has obtained in discovery since the original filing of the lawsuit, Airvana believes that the evidence will demonstrate clearly that, like the EV-DO products that were the subject of yesterday’s ruling, the DBA product is also based on the Airvana hardware design. In the second preliminary injunction motion, Airvana seeks the same relief ordered by the Court in yesterday’s decision, asking that the Court enjoin any use, operation, testing or deployment of the DBA without software licensed by Airvana.
Airvana’s Chief Executive Officer Randy Battat said “we are gratified by the Court’s decision, which reflected a careful and meticulous review of a lengthy factual record. When we filed this action against Ericsson last year we did so very reluctantly, and only because we felt that Ericsson’s actions threatened Airvana with irreparable harm, and left us no choice but to try to defend our rights through legal proceedings. Yesterday’s decision vindicated our course of action. As we have shown, we are prepared to, and will, pursue and defend our rights vigorously, including at next month’s DBA preliminary injunction hearing.”
Airvana is represented by Wilmer Cutler Pickering Hale and Dorr in the lawsuit.
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Airvana Network Solutions Inc. (www.airvananetworksolutions.com) provides innovative, scalable radio access network (RAN) infrastructure that enables mobile operators to meet the growing demand for high-performance mobile data services and 3G-to-4G coexistence. Airvana’s mobile broadband RAN solution is fully integrated into Ericsson’s CDMA Access product line.