VideoLabs Tests Interplay Between Parallel District Court and ITC Actions

June 7, 2024

After a loss before the International Trade Commission (ITC), VideoLabs, Inc. has returned to a Western District of Texas case stayed before Judge Alan D. Albright to try again, under what it argues are changed factual circumstances. In a motion to the lift the stay and begin trial court proceedings, the plaintiff argues that ITC findings are not binding on district courts and that “a change in ownership of family member patents and the filing of terminal disclaimers” undermines the ITC’s determination that two of its asserted patents are invalid for obviousness-type double patenting. Defendant HP opposes this broader request and seeks a modification of the stay, one that solely permits the court’s consideration of “early dispositive motions on invalidity”.

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