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Articles Posted in Multi-defendant Litigation

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Eastern District of Texas Orders Severance of Multi-Defendant Action Sua Sponte to Avoid One “Massive” and “Unmanageable” Trial

In a patent infringement action brought by Alexsam, Inc. (“Alexsam”) against thirteen separate defendants, grouped into seven issuers of electronic gift cards, the Eastern District of Texas decided to sever the defendants as the case got closer to trial. As explained by the court, “[t]his is the sixth lawsuit that…

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Verizon Successfully Moves to Sever and Stay Patent Infringement Action Based on “Customer Suit Exception”

Plaintiff Micro Enhanced Technology Inc. (“Micro”) filed a patent infringement action against Videx, Inc., accusing Videx of infringing six patents. Micro subsequently amended its complaint to add two defendants, Verizon Wireless (“Verizon”) and ITC Holdings Corp. (“ITC”), both of whom are customers of Videx. Verizon filed a motion to dismiss…

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Multi-District Panel Denies Transfer Where Plaintiff Had History of Licensing and Prior Actions Had Settled Early in Litigation

The patent holder, Genetic Technologies Limited (“GT”) sought centralization in the District of Colorado or, alternatively, in the Northern District of California of six actions involving the alleged infringement of a patent concerning methods of genetic testing. The six actions were pending in the Northern District of California, the District…

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Multi-District Panel Rules That America Invents Act Does Not Bar Centralization of Multiple Defendants in Single District

Bear Creek Technologies, Inc. (“Bear Creek”) is the patent holder in fourteen patent infringement actions pending in three different district courts. Bear Creek moved for centralization in the District of Delaware or, alternatively, the Eastern District of Virginia. In each of the cases, Bear Creek alleged that various telecommunications companies…

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Judge Posner Consolidates Multiple Defendants Sued in Separate Actions and Raises Questions Whether Plaintiffs, if Successful in Establishing Liability, Will Be Entitled to Non-Trivial Damages

As a preliminary matter, Judge Posner consolidated the six patent cases that were filed by Brandeis University against various defendants, finding that they involve a number of common issues of law and that judicial efficiency would be maximized by consolidation. “These six cases are hereby consolidated under 1:12-cv-01508, pursuant to…

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Brandeis University’s Patent Infringement Case Over Cookies Crumbles Against Multiple Defendants and the Court Transfers All the Crums to Another District

Plaintiff Brandeis University (“Brandeis”) alleged that it was the owner of the patents-in-suit and plaintiff GFA Brands, Inc. (“GFA”) alleged that it was the exclusive licensee of the patents-in-suit. Plaintiffs asserted that the defendants infringed the patents by making, using, selling or importing various products such as cookies, cookie dough…

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Multidistrict Panel Transfers Patent Cases Pending in District Courts in Texas and Delaware to the District of Maryland Even Though No Cases Were Pending in Maryland

Defendants in two Eastern District of Texas actions moved to centralize their cases in the District of Delaware or in another transferee forum. Three actions involving the same plaintiff and patent were already pending in the District of Delaware. Two of the defendants in the Delaware actions supported the motion…

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Multidistrict Panel Denies Transfer in Patent Infringement Action Involving Multiple Defendants and Patents in Different District Courts

Plaintiffs asserted patents relating to computer-based messaging products and services against numerous defendants, including Facebook, LinkedIn, E*Trade and Verizon in two different district courts. The patents at issue named Charles Bobo as an inventor and one of the earlier patents in the Bobo family of patents was asserted in six…

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L.L. Bean Wins Motion to Sever and Transfer Where Plaintiff’s “Lame” Response That All Accused Products Were Similar Is Insufficient to Establish Proper Joinder

Pinpoint filed a patent infringement action in the Northern District of Illinois against L.L. Bean, Orbitz, Groupon and Hotwire for allegedly infringing three patents pertaining to accessing data using customer profiles. L.L. Bean filed a motion to sever and transfer to the District of Maine. The district court granted the…

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Multidistrict Litigation: The Future of Multi-Defendant Cases After the America Invents Act?

The plaintiff filed multiple patent infringement actions against seven different defendants in many different district courts. The plaintiff moved to centralize the patent litigation in the Eastern District of Texas where there were seven actions pending in five separate districts. The responding defendants all opposed centralization. Based on the briefing…

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