After Seven Years in Virginia, Plaintiff Hits Snags, Moves to Texas, and Defeats Transfer Back

  • October 20, 2019
  • Category: Patent Litigation Feature
    Market Sectors: Media Content and Distribution, Mobile Communications and Devices, Networking

Innovation Sciences, LLC, the Texas incarnation of Virginia Innovation Sciences, Inc. (VIS), has added a new round of litigation against four defendants already active in its long-running campaign, filing five suits against Amazon (4:19-cv-00769), HTC (4:19-cv-00752, 4:19-cv-00770), Resideo Technologies (4:19-cv-00771), and Philadelphia Contributionship Mutual (Vector Security) (4:19-cv-00772) last week in the Eastern District of Texas. Those new cases follow an August 2019 complaint filed against HTC and Resideo before the International Trade Commission (ITC) (337-TA-1180). This burst of activity comes in the wake of the Federal Circuit’s October 9 refusal to take up on mandamus a motion to transfer four existing cases, filed against the same defendants in July 2018, out of Texas and back to the Eastern District of Virginia. That motion was denied in a 69-page order months in the making and notable in several respects, including through its detailed analysis of how District Judge Liam O’Grady back in Virginia—despite having issued multiple orders regarding earlier members of the same patent family, including Alice and claim construction decisions—“does not have [the] extensive familiarity with the technology or the legal issues involved” that might otherwise have weighed in favor of transfer.


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