In March, VLSI Technology LLC filed a third case against Intel, its second in Delaware, the first having been filed by the Fortress Investment Group LLC affiliate in the Northern District of California. That California case has since been stayed to await the outcome of multiple inter partes reviews of the patents there in suit. Discovery in the first Delaware case has begun, after District Judge Colm F. Connolly refused to transfer the suit to California, citing the “paramount consideration” that a plaintiff’s choice of forum should be accorded in such an analysis. Intel then moved to consolidate the third case with the second; VLSI Technology opposed the motion but then dismissed that third case in favor of three separate actions filed that same day against Intel (6:19-cv-00254, 6:19-cv-00255, 6:19-cv-00256) in the Western District of Texas, which, combined, assert the same six patents at issue in the dismissed action—plus two more.
The battle between VLSI Technology LLC and Intel has heated up for a third time. In October 2017, VLSI Technology, an affiliate of Fortress Investment Group LLC, sued Intel in the Northern District of California (5:17-cv-056571) over eight patents, and in June 2018, the NPE opened up a second litigation front, suing Intel in the District of Delaware (1:18-cv-00966) over five more. Now, in the immediate wake of a mid-February order constructing claims in California and an Intel motion to stay the California action in light of multiple instituted trials in inter partes review (IPR) proceedings—and after the Delaware court last year refused to transfer the case before it to California—VLSI Technology has hit Intel a second time in Delaware (1:19-cv-00426), this case asserting six more patents from the NPE’s sizable portfolio of assets originating principally with either Freescale, NXP, SigmaTel, or VLSI Technology, Inc.