Judge Tigar Boots “Zeroclick” Suit Against Apple

June 12, 2020

Last month, RPX covered the ramifications of an attempted transfer of control of certain patents, from a first Zeroclick, LLC, a subsidiary of Erich Spangenberg’s IPNav, to another Zeroclick, LLC, a Texas entity formed by the patents’ sole named inventor Nes Irvine. District Judge Jon S. Tigar ordered the original plaintiff to show cause why its September 2015 case, the first in the campaign, should not be dismissed for lack of subject matter jurisdiction. The parties responded; last week, Judge Tigar granted Apple’s motion to dismiss, ruling that the plaintiff lacked standing to pursue the case, refusing to substitute the new Zeroclick for the old as a plaintiff, and striking “all proceedings in the action since December 2017” (when jurisdiction lapsed). Also last week, Apple filed a new case against Zeroclick, the more recent Zeroclick (5:20-cv-03898), seeking declaratory judgments of invalidity of the same two patents asserted in the now-dismissed suit.

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