PACT XPP and Intel Quit Delaware…and Race to Either Texas or California

April 24, 2019

Earlier this year, PACT XPP Schweiz AG filed suit against Intel in the District of Delaware over a dozen patents generally related to various aspects of multi-core chip operation. It appears that a planned motion to transfer that case out of Delaware prompted PACT XPP to voluntarily dismiss that first case, in favor of an analogous action in the Western District of Texas, filed last week, followed one day later by a declaratory judgment action filed against the patentholder in the Northern District of California by Intel. In that California complaint, Intel seeks a declaration of noninfringement of the 12 patents at issue between the parties, as well as a breach of contract judgment concerning an October 2007 covenant not to sue that Intel contends bars PACT XPP’s affirmative litigation.

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