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A team of intellectual property lawyers from Philadelphia has won a $45.3 million verdict in TruePosition Inc. v. Andrew Corp., a patent-infringement suit that focused on cell-phone-location technology. After a two-week trial in federal court in Wilmington, Del., the jury deliberated four hours on Friday before finding that Andrew had directly infringed TruePosition’s patents and had also induced others to infringe. The jury also concluded that Andrew’s infringement was “willful,” a finding that could lead to a trebling of the verdict by U.S. District Judge Sue L. Robinson. The verdict is a victory for attorneys Paul B. Milcetic, Kathleen A. Milsark, Daniel J. Goettle, Amanda M. Kessel and Dale M. Heist of Woodcock Washburn in Philadelphia. “The jury listened to our facts, understood our position, and swiftly determined that Andrew had deliberately infringed this patent,” Milcetic said. According to court papers, TruePosition, based in Berwyn, Pa., holds several patents in the area of cell-phone-location technology, including devices that can locate phones even when they are not in use. The suit alleged that in December 2004, Andrew Corp., which is based in Westchester, Ill., agreed to supply cell-phone-location equipment to Saudi Telecom Co. that infringed on TruePosition’s patent for using “control channel” technology to locate phones that are turned on but not in use. In response, lawyers for Andrew Corp. argued in court papers that its Geometrix System did not infringe any of the claims in TruePosition’s patent, and that the patent was invalid and unenforceable due to prior art. Prior to the trial, Robinson rejected Andrew’s prior art argument and found as a matter of law that the patent was valid. But Robinson allowed Andrew Corp. to assert several counterclaims, including a claim that TruePosition committed fraud in proceedings before the European Telecommunications Standards Institute. Robinson also allowed Andrew to pursue a claim of promissory estoppel, finding that a reasonable jury could find that TruePosition had a duty to disclose the patent to ETSI, and that Andrew had “justifiably relied” on TruePosition’s silence and inaction as an indication that its activities were non-infringing. But in its verdict, the jury rejected all of Andrew’s counterclaims, finding that TruePosition had not committed any fraud and had made no promise that Andrew had reasonably relied on. If the verdict stands, it will mark the second time that Andrew is forced to pay a substantial sum to TruePosition as a result of alleged patent infringement. In a previous lawsuit relating to a different patent, TruePosition accused Allen Telecom of infringing on a patent when it marketed a cellular phone location device known as the Geometrix Wireless Location System. Andrew acquired Allen while that lawsuit was pending and the case later settled for $35 million and warrants entitling TruePosition to purchase 1 million shares of Andrew’s common stock at a price of $17.70 per share for a period of four years, as well as licenses to certain Andrew intellectual property. Andrew’s lawyers, John M. Desmarais and Gregory S. Arovas of Kirkland & Ellis in New York, could not be reached for comment.

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