The order prohibits Rosenberger and its agents and subsidiaries from using CommScope’s trade secret BSA software in any way, anywhere in the world. Both this order and the worldwide suspension on Rosenberger’s sale of tainted BSAs will remain in effect at least until the case is resolved.

This victory for CommScope marks an important step in the protection of its BSA-related trade secrets, which extend beyond the misappropriated software. CommScope is pursuing a permanent injunction against Rosenberger, covering its claims that Rosenberger also stole CommScope’s BSA hardware and business trade secrets, in addition to the stolen software.       

In light of the significant preliminary relief CommScope has already obtained, the Court recently determined that broader injunctive relief would be decided after the trial.   

“CommScope innovates, designs, manufactures, and sells best-in-class telecommunications products and equipment around the world,” said Farid Firouzbakht, senior vice president of Outdoor Wireless Networks, CommScope. “CommScope filed this lawsuit to protect the company’s significant investments in developing innovative products that provide superior value to our network infrastructure customers. We are glad that the Court entered this order, which will help protect our investments and intellectual property. We are also encouraged to see that Rosenberger has discontinued its sale of related BSAs. CommScope looks forward to bringing all its trade secret claims to trial, where Rosenberger can be held liable for its unlawful conduct.”     

The Court’s order and other Court documents can be found at CommScope, Inc. v. Rosenberger Technology (Kunshan) Co., Ltd., et al., Action No. 19-cv-15962 (D.N.J., July 2019).

CommScope is also continuing to prosecute its BSA patent lawsuit against Rosenberger. More information about that lawsuit can be found at CommScope Technologies LLC v. Rosenberger Site Solutions, LLC, et al., No. 1:20-cv-01053 (D. Del. Aug. 10, 2020).