Rosenberger Defeats CommScope Attempt to Bar Sales of Rosenberger Base Station Antennas in the United States

·2 min read

MOUNT OLIVE, N.J., June 16, 2021 /PRNewswire/ -- CommScope, Inc. issued a press release on June 9, 2021, making the false and misleading assertion that a court found Rosenberger to have used CommScope trade secret base station antenna ("BSA") software. This is categorically false, and there has been no such finding. Rosenberger has demanded that CommScope retract its false and misleading press release.

No court has issued any type of injunction against the sales of Rosenberger BSAs in the United States or anyplace else in the world. In fact, the opposite is true: On April 20, 2021, the United States District Court for the District of New Jersey, in a strongly worded decision, denied CommScope's request for a broad preliminary injunction that would have prohibited Rosenberger from selling BSAs in the United States, thereby rejecting CommScope's efforts to exclude Rosenberger from the United States market.

More information about the lawsuit can be found at CommScope, Inc. v. Rosenberger Technology (Kunshan) Co., Ltd., et al., Case No. 19-cv-15962-MCA-LDW (D.N.J.). The court's decision denying CommScope's request for a preliminary injunction is available at docket entry 402. In denying CommScope's motion, the Court recognized that Rosenberger did not use the software programs at issue for any of the base station antennas that are currently being sold and will be sold in the future. The Court further held that the software programs only have limited value to the development of base station antennas: "the BSA Software Programs are not design-blueprints nor do they contain information so valuable that a BSA for which the programs were used in the design process can be considered a direct by-product of the programs." The Court expressly withheld making any findings as to whether the software programs were in fact trade secrets.

Rosenberger believes that this was a significant ruling and victory for Rosenberger and the customers it serves. Rosenberger will continue to innovate, sell and support high quality and competitively priced BSA products in the United States and worldwide.

About Rosenberger

Rosenberger is a world-wide leading innovator and manufacturer in the telecommunications industry and related fields. Rosenberger's place as a leading developer and vendor of base station antennas is the result of its technology innovation and robust strategic investment in new high-quality products. Rosenberger has invested significant resources in the development of new products, and will continue to innovate and serve the telecommunications industry.

Contact

Ada Oni-Eseleh
Infinite Global
(646) 685-8075
adaoe@infiniteglobal.com

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