DJ Strategy Against One IP Edge-Tied Plaintiff Bears Covenant Not to Sue Fruit
Last October, Waverly Licensing LLC, a plaintiff tied to formerly prolific patent monetization firm IP Edge LLC, sued Power Integrations in the Western District of Texas—just as the “Series of Extraordinary Events” developing in IP Edge cases assigned to the courtroom of Delaware Chief Judge Colm F. Connolly were coming to a head. Power Integrations responded with a motion to dismiss for improper venue in West Texas and with a new complaint, seeking a declaratory judgment of noninfringement from the District of Delaware, naming as defendants Waverly and IP Edge, together with Array IP LLC and MAVEXAR LLC. The Delaware case was assigned to Judge Connolly. Now, the four defendants have filed—in Delaware but not yet in Texas—separate covenants not to sue, indicating that doing so “divests the District of Delaware of jurisdiction over the Delaware Action”.
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