QUALCOMM, INC. v. GTE Wireless, Inc.
Opinion
Opinion
Brewster, J.
ORDER DENYING QUALCOMM’S MOTION TO CONSOLIDATE AND DISMISSING ACTION WITHOUT PREJUDICE
I. INTRODUCTION
Before the Court is the motion by Qual-comm, Inc. to consolidate Civil Case No. 99-1951-B with Civil Case No. 99-2173-B.
II. BACKGROUND
On June 29, 1999, GTE Wireless, Inc. (“GTE”) filed suit against Qualcomm, Inc. (“Qualcomm”) in the United States District Court for the Eastern District of Virginia. GTE alleged that Qualcomm was infringing on its U.S.Patent No. 4,916,728 (the “ ’728 Patent”), which patent relates to the identification, processing, and selection of frequencies used by cellular telephones.
On September 13, 1999, Qualcomm filed suit against GTE in this court. Qual-comm’s suit was given Civil Case No. 99-1951-B. Qualcomm’s suit seeks a declaratory relief judgment that it is not infringing on GTE’s ’728 Patent.
GTE’s action in the Eastern District of Virginia was transferred to the United States District Court for the Southern District of California and, on October 12,1999, was initially assigned to the Honorable Judith N. Keep and was re-numbered Civil Case No. 99-2173-K. On October 27, 1999, that action was re-assigned to this Court pursuant to the “low…