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“Headwater HAS Standing” but It Cannot Pursue Its Copying Claim

August 4, 2024

Closing in on trial, Eastern District of Texas Magistrate Judge Roy S. Payne has ruled on two motions in the earliest case filed by Headwater Research LLC against Samsung. The court has denied Samsung’s motion challenging Headwater’s standing based on obligations created by earlier employment agreements between two named inventors and Qualcomm. It has also ruled that Headwater and its counsel have “committed an egregious violation” of a discovery order in the case by failing to timely disclose to Samsung that certain source code exists (and where), source code relevant to Headwater’s copying claim in the case. The court has sanctioned Headwater by precluding the copying claim and shifting fees associated with bringing the sanctions motions. Meanwhile, Headwater has hit Samsung with yet another case (2:24-cv-00627), again in the Eastern District of Texas.


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