Sprint and the newly-reconstituted Clearwire have faced many hurdles trying to get a nationwide WiMax mobile broadband network developed and deployed—not the least of which has been where to find the cash to roll out a nationwide network and stay ahead of LTE technology that will begin rolling out once analog television is shut off. Now, the companies face another obstacle from WiMax base station vendor Adaptix, which had filed suit in the patent holder-friendly Eastern District of Texas claiming the companies collectively infringe on six of its WiMax patents. Adaptix is seeking damages, legal fees, and an injunction to prevent Sprint and Clearwire from infringing on the patents while the case is underway.
In its filing, Adaptix said the infringements "will continue to damage Adaptix’s business, causing irreparable harm for which there is no adequate remedy at law, unless it is enjoined by the court."
Adaptix’s patents cited in the suit center on Orthogonal Frequency Division Multiple Access (OFDMA) technology.
Neither Sprint nor Clearwire have responded to inquiries about the suit.
Sprint has been working to roll out WiMax for years, and recently helped create a new Clearwire company with investments from Intel, Google, Comcast, and Time Warner to accelerate deployment. WiMax service is currently up and running in Baltimore, and Portland, Oregon, is scheduled to come online soon. An injunction barring the companies from deploying WiMax technology could be a major blow to the effort, and leave more room in the market for LTE technology when it comes along, which could be as soon as early 2010.
