This past October, DataQuill Limited filed suit against Alphabet (Google) in the District of Delaware, asserting a single expired patent for past damages. Google has responded (to an amended version of the original complaint) with a motion to dismiss, among other things, the plaintiff’s claims for willfulness and indirect infringement during the damages “18-month window” between the issuance of the patent’s claims from the last reexam proceeding and the date of expiration (in May 2017). A hearing on that motion has been set for May 26 before District Judge Maryellen Noreika; meanwhile, DataQuill has filed an analogous complaint against Amazon (1:22-cv-00610), also in Delaware, also seeking past damages, and also relying on a purported notice letter sent more than a decade ago.
Its June 2021 wave of cases coming to an end, DataQuill Limited has filed suit against Alphabet (Google) (1:21-cv-01438) in the District of Delaware. The plaintiff asserts a single expired patent generally related to “a handheld data entry device that can be used for inventorying, purchasing products, and other data management functions”. The new complaint targets smartphones and tablets, seeking damages “between the period that is six years before the filing date of this complaint and the expiration of the Patent-in-Suit”, which has been in near-continuous litigation since mid-2001.