Intellectual Property Law

Judge Robinson: Defendants? Motion to Transfer GRANTED

By Karen E. Keller, Andrew A. Lundgren et al.

In Fuzzysharp Technologies, Inc. v. Nvidia Corp. et al., C.A. No. 09-872 (D. Del. April 6, 2010), Plaintiff filed suit after filing seven separate patent infringement actions, involving the same patents, against multiple defendants in the Northern District of California. Id. at 1. Defendants moved for transfer to the Northern District of California after, in one of the cases, the district judge decided summary judgment invalidating the patents-in-suit under In re Bilski, 545 F.3d 943 (Fed. Cir. 2009). Judge Robinson considered ?whether it makes sense for this court to keep the case at bar, necessarily imposing a stay pending the Supreme Court?s review of In re Bilski and/or the Federal Circuit?s Review of [plaintiff?s related case].? Id. at 2. Judge Robinson determined that due to the prior filings in the Northern District of California and the ?unusual circumstances[,]? transfer was warranted. Id.

Fuzzysharp Technologies, Inc. v. Nvidia Corp. et al., C.A. No. 09-872 (D. Del. April 6, 2010)

Full post as published by Delaware IP Law Blog on April 12, 2010 (boomark / email).