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To DJ or Not to DJ, That Is the Question

February 10, 2023

This past week, Queryly filed a notice of voluntary dismissal with prejudice of a declaratory judgment (DJ) action that it had filed against Hitel Technologies LLC and its “licensing advisor” IP Edge LLC in the Eastern District of Texas last December. In the notice, Queryly refers to a binding settlement between the parties. As has been reported, this dismissal leaves the case that Power Integrations filed against Waverly Licensing LLC, IP Edge, and MAVEXAR LLC in the District of Delaware as the sole DJ action taking direct aim at this monetization operation in the wake of the “Series of Extraordinary Events” underway before Delaware Chief Judge Colm F. Connolly. However, it is neither the Waverly campaign, nor the Hitel litigation, that broke ground on the strategy of bringing a DJ complaint in response to an IP Edge notice letter. That strategy took root elsewhere—with a pair of companies that beat IP Edge to the courthouse.


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