IV Is Still Litigating, Hits VMware in Chaotic Campaign That Massachusetts Judge Bluntly Assesses as “Old”

  • August 4, 2019
  • Category: Patent Litigation Feature

While Intellectual Ventures LLC (IV) has been divesting parts of its extensive patent portfolio (see here), it has also continued to litigate some of those patents. The NPE filed a new case just this past week accusing Dell (VMware) (6:19-cv-00449) of infringing five patents—four of them reissues and new to litigation—through the provision of various cloud-based computing, virtualization, and storage products. The campaign in which this case falls—now involving over two dozen defendants, over two dozen patents, over five dozen petitions for inter partes review (IPR), and close to three dozen appeals—began by targeting financial institutions and insurance company customers of their products but switched in 2016 to focus on providers of server and storage technology, with cases remaining open against Lenovo and Dell (EMC), as well as NetApp, now consolidated before District Judge Patti B. Saris in Massachusetts. In early June, Judge Saris granted a motion for reconsideration of a prior order declining to clean up the staggered schedule in that case by simply writing in hand, on the parties’ joint brief, “I accept the alternate proposal. This case is old.”


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