Motion To Dismiss For Lack Of Standing On Eve Of Trial Granted

You have really got to work hard to achieve a result this bad.  On the eve of trial in the WDTX, Judge Albright dismissed the plaintiff’s claims because the plaintiff had lost its patents via a turnover order after it was sanctioned in the EDTX and didn’t pay those sanctions, nor did it post a supersedeas bond while appealing them, thus making them vulnerable to the turnover order. (For clarification, the EDTX case being referenced is not the underlying sanctions order against this attorney I posted on a few weeks ago. Nor is it the one from the NDTX I also posted on recently, nor the one from D. Del. – both also against the same attorney. As I said, you have to work hard to get this result.

Motion To Dismiss Granted In Part

Judge Albright denied the defendant’s motion to dismiss the plaintiff’s direct infringement and pre-suit indirect and post-suit willful infringement claims.  The court granted the motion to dismiss the pre-suit willful infringement claims, as well as the defendant’s motion challenging the sufficiency of the plaintiff’s pleadings that the defendant makes/sells/etc. the accused devices in the United States, as well as the motion directed to the plaintiff’s joint infringement and alter ego theories, but with leave to amend.