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NPE Ignores Court Direction, Files Errant Amended Complaints, Invites Adverse Judgment, and Risks Shift of Attorney Fees

August 27, 2023

On April 10, 2023, Western District of Texas Judge Xavier Rodriguez heard oral argument concerning motions to dismiss complaints filed by CTD Networks LLC—represented by William P. Ramey III of Ramey LLP—against Alphabet (Google), Amazon, Cisco, and Microsoft. The court simultaneously considered whether to allow the plaintiff to file proposed amended complaints. Judge Rodriguez found both the operative complaint and the proposed amended complaints deficient, denying the motions to dismiss as to CTD’s claims for direct infringement and allowing CTD to file amended complaints but only if such pleadings identified “a single accused product—without using the language ‘by way of example and without limitation’—and explain[ed] how the product satisfied every limitation of each allegedly infringed patent claim”. Later in April, Ramey signed amended complaints (permitted under the April 10 order) that used the language “by way of example and without limitation” in obvious contravention of the court’s prior order. This past week, Judge Rodriguez responded by entering judgment in each defendant’s favor, ending all four cases.


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