Klausner Technologies, Inc. (“Klausner Technologies”) filed a patent infringement action against Interactive Intelligence Group, Inc. (“Interactive Intelligence” or “IIG”). After the action was filed, Klausner Technologies assigned all of its interest in the patent-in-suit to IPVX Patent Holdings, Inc. (“IPVX”), including the rights to enforce the patent and to recover for past infringement of the patent. IPVX was incorporated only three days before the assignment. As a result of the assignment, Klausner Technologies moved to substitute IPVX for Klausner Technologies as the plaintiff and counter-defendant in the patent infringement action.
Interactive Intelligence agreed that IPVX should be joined as a plaintiff but opposed the dismissal of Klausner Technologies from the action. Interactive Intelligence asserted that because virtually all of the discovery would come from Klausner Technologies and its officers and employees, dismissing Klausner Technologies would cause added expense and delay as discovery would be needed from a third party. Klausner Technologies responded by arguing that it had agreed to provide all information regarding the patent to IPVX. Klausner Technologies also argued that it had to be dismissed because it no longer had standing to participate in the litigation as a result of the assignment of the patent.
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