Corporate Names Matter and "Secrecy" Laws Bite: New Case Filed over ProMOS Patent in Light of Dismissal Recommendation

  • March 12, 2020
  • Category: New Patent Litigation
    Market Sector: Semiconductors

Home Semiconductor Corporation (HSC) has filed a new complaint against Samsung (1:20-cv-00350), asserting one of the two patents still in suit against Samsung in Delaware. That earlier case faltered when the District of Delaware’s Magistrate Judge Sherry R. Fallon issued a mid-January 2020 report and recommendation that the complaint there be dismissed without prejudice for lack of standing. At the heart of that recommendation is an assignment of rights from ProMOS Technologies to “Home Semiconductor Inc.” (HSI), apparently a nonexistent Samoan entity, rather than to Home Semiconductor Corporation, the Samoan parent of the plaintiff—an assignment of rights that Judge Fallon ruled did not confer ownership, even to any HSI. ProMOS now joins HSC as a plaintiff, on the new Delaware complaint against Samsung.

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