After Dismissal Order in California’s Northern District, WiNet Labs Turns to the Northern District of Illinois

February 18, 2020

A couple of weeks after District Judge Edward J. Davila granted a motion to dismiss a Northern District of California complaint filed by WiNet Labs LLC against Apple, the plaintiff has tagged two new defendants: Lenovo (Motorola Mobility) (1:20-cv-01094) and LG Electronics (LGE) (1:20-cv-01096), each in the Northern District of Illinois this time. The same patent, generally related to a hierarchical protocol for forming an “ad-hoc network”, is asserted, against Motorola Mobility’s “‘Mobile Hotspot’ service” and against LGE’s “ ‘Music Flow’ service”, which each defendant is alleged to have provided “through software within [its own] possession, custody, and control”, without relying “on hardware, software, or firmware within the possession, custody, or control” of users of the accused products. This language appears designed to defend against a motion to dismiss for failure to properly allege direct infringement, given Judge Davila’s order.

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