Swirlate IP LLC v. Badger Meter, Inc. DC

In mid-April, District of Delaware Chief Judge Colm F. Connolly posted two new standing orders related to that courtroom’s disclosure requirements: one requiring litigants to disclose details related to any nonrecourse funding arrangements with third parties and a second requiring all “nongovernmental joint ventures, limited liability corporations, partnerships or limited liability partnerships” to include in disclosure statements “the name of every owner, member and partner of the party, proceeding up the chain of ownership until the name of every individual and corporation with a direct or indirect interest in the party has been identified”. At least one plaintiff has now responded to the application of these new standing orders to cases in its campaign.

Swirlate IP LLC, a plaintiff associated with Texas monetization firm IP Edge LLC, has launched litigation, suing Badger Meter (1:20-cv-01165), Continental Automotive Systems (1:20-cv-02538), Corning (Corning Optical Communications) (3:20-cv-01033), Livongo Health (1:20-cv-02540), and ResMed (1:20-cv-00556) over the provision of a variety of devices (LTE endpoints, modem modules, radio nodes, blood glucose monitors, and ventilators, respectively) that transfer data to another device over an LTE network using the Hybrid Automatic Repeat Request (HARQ) protocol. In each complaint, filed across four judicial districts, the NPE asserts two patents generally related to “ARQ re-transmission” in a wireless communication system.