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Patent “Turnover” Imperils Traxcell Campaign

March 19, 2023

District Judge Alan D. Albright has dismissed, without prejudice, a case brought by Traxcell Technologies, LLC in December 2020 and headed, until that dismissal, for jury selection and trial in his courtroom on April 3. Sole remaining defendant Verizon (Verizon Wireless) had filed an emergency motion to dismiss the case for lack of subject matter jurisdiction, arguing that because a Texas state court ordered Traxcell’s assets, including its patents, to be turned over to a receiver for sale, the plaintiff no longer owned the three remaining asserted patents. The Texas state court was enforcing an attorney fee award in an earlier Eastern District of Texas case; Traxcell—represented by litigation counsel (Ramey LLP) disclosed as having a financial interest in the outcome of the campaign—appealed that award but failed to post a bond. Unless one of Traxcell’s last-ditch efforts to secure relief from this mess is successful, Judge Albright’s ruling might spell the end of this campaign.


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