Emerson Sub Files Against Banertek Outside the Eastern District of Texas

May 3, 2017

In late March, Banertek LLC, an affiliate of monetization firm IP Edge LLC, added yet another round of defendants to the long-running assertion in the Eastern District of Texas of a single patent (6,839,731).  The ‘731 patent generally relates to network-based remote device control and communication. The new defendants are ABB (2:17-cv-00241), Eaton (2:17-cv-00242), Emerson Electric (2:17-cv-00243), Endress + Hauser (2:17-cv-00244), Pepperl + Fuchs (2:17-cv-00245), Siemens (2:17-cv-00246), and SMAR (2:17-cv-00247). Each complaint in this round accuses the defendant of infringement through provision of distributed control systems that include devices that utilize the HART (Highway Addressable Remote Transfer) or the WirelessHART open standard communication protocols. Roughly a month later, a subsidiary of Emerson, Emerson Process Management, has now filed a case (1:17-cv-00395) against Banertek, alleging that the NPE sued the wrong defendant and seeking a declaratory judgment from the Western District of Texas that it does not infringe the ‘731 patent.

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