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Headwater Litigation Heats Up

April 6, 2024

Headwater Research LLC filed its first of several cases against Samsung back in October 2022. Since Samsung filed an amended answer to plead three additional affirmative defenses (inequitable conduct and “infectious unenforceability”, lack of standing, and prosecution laches), disputes have been multiplying, including over more typical issues (e.g., amendment of infringement contentions, stay in light of inter partes review (IPR), propriety of certain expert opinions, etc.) but also over the release of US discovery for use in parallel proceedings in Germany, the production of clawed-back documents and any related waiver of privilege, the consideration of battery testing evidence, and—at the end of last week—a sealed request to sanction the plaintiff. Meanwhile, the Eastern District of Texas has handed down a claim construction order, and Headwater Research has filed yet another complaint against Samsung (2:24-cv-00228), bringing three more patents from the same large family into this fray.


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