Acacia Subsidiary Files Five Suits after Misjoinder Dismissal
- September 23, 2011
Optimum Power Solutions (OPS) [NPE] filed five separate suits against Dell, HP, Lenovo, Panasonic, and Sony over a patent related to dynamic power management of solid state memory in laptop computers. The patent-in-suit was assigned to Acacia Patent Acquisition by processor company, Zilog, in July 2009. In February 2010, OPS filed its first suit against all five of the defendants. The suit was dismissed the day before for misjoinder after the defendants filed a motion arguing that in view of the passage of the America Invents Act, “Although plaintiff accuses defendants of infringing the patent in five similar ways, plaintiff does not allege that defendants’ infringement involved the same transaction, occurrence or series of transactions or occurrences. Plaintiff has not alleged that defendants acted in concert or otherwise controlled or directed each others’ conduct – and indeed defendants appear to be ardent competitors of one another in the marketplace for their products; nor has plaintiff alleged any connection between defendants except for the fact that each defendant is alleged to have infringed plaintiff’s patent.” 9/21, Eastern District of Texas, 6:2011cv00505; District of Delaware, 1:2011cv00853; 1:2011cv00854; 1:2011cv00855; 1:2011cv00856.