Cisco Files DJ Action Against XpertUniverse Following July Campaign Revival

August 25, 2017

Cisco has brought a declaratory judgment (DJ) action (1:17-cv-01204) against XpertUniverse, Inc. (f/k/a Homework911.com), less than two months after the NPE revived its apparently dormant litigation campaign with a second affirmative suit against the company (3:17-cv-03848) in early July. The DJ complaint alleges that XpertUniverse misled Cisco by waiting nearly four years after its appeal from the first case concluded to file its July lawsuit, leading Cisco to develop new versions of its accused Remote Expert product due to the “reasonable infer[ence]” that the NPE did not intend to bring additional litigation. As such, Cisco pleads, XpertUniverse should be equitably estopped from bringing further claims. Cisco also seeks a judgment that versions of Remote Expert released since the first case ended do not infringe.

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