Semcon IP Inc. v. Huawei Device USA Inc. et al DC

The newest subsidiary of Quest Patent Research Corporation (QPRC) has launched a litigation campaign with more patents that the publicly traded NPE recently acquired from Intellectual Ventures LLC (IV). Photonic Imaging Solutions Inc. has accused ASUS (1:18-cv-00488), Lorex Technology (1:18-cv-00487), and NETGEAR (1:18-cv-00489) of infringing four patents through the manufacture and sale of desktop computers, laptop computers, tablet computers, and smartphones, by ASUS, and certain security cameras, by Lorex and NETGEAR, each of which contains a CMOS image sensor. The complaints allege that the accused products incorporate such a sensor from OmniVision, which is not named as a defendant.

Two days after the US Supreme Court’s TC Heartland decision, STMicro filed a motion to dismiss the Eastern District of Texas case (2:16-cv-00439) that Semcon IP Inc. brought against it roughly one year ago. STMicro argues that the NPE’s venue pleading—that venue is proper in the Eastern District because STMicro is “subject to personal jurisdiction in this judicial district”, STMicro “regularly conducts business in this judicial district”, and “certain of the acts complained of herein occurred in this judicial district”—is insufficient after TC Heartland. STMicro is a Delaware corporation with principal place of business in Coppell, Texas (in the Northern District), having no “regular and established place of business in the Eastern District” (alleging that it “does not have any offices, employee operations, or any other property in the Eastern District of Texas”). STMicro further notes that it pled improper venue as an affirmative defense in its answer to Semcon IP’s complaint, thus preserving the right to contest venue.

Publicly traded NPE Quest Patent Research Corporation (QPRC) has initiated new litigation campaigns through two subsidiaries that it created late last year in Texas, with patents that it acquired from Intellectual Ventures LLC (IV) for $3M and funding that it secured through United Wireless Holdings Inc. QPRC simultaneously formed a third entity that has also received patents acquired from IV, but this subsidiary has yet to file litigation.