A contingent of big-name cell phone makers could not escape a patent infringement suit in Delaware on Monday, after a federal judge initially upheld the eligibility of patents for a better system of voice and data transmissions.

On a motion for judgment on the pleadings, the defendants—including Apple Inc., HTC Corp. and Samsung Electronics Co.—had argued the two patents were directed toward a mathematical algorithm for generating code sequences, and thus abstract and patent-ineligible under U.S. patent law, which generally prohibits patents on mathematical formulas.

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