CommScope 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 is evaluating its legal options and 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 any place else in the world. In fact, the opposite is true: on April 20, 2021, the New Jersey Federal District Court, 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 or 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.