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Patents with Prior “Third Iris” and “Promise to Assign” Problems Back in Litigation

September 8, 2024

VIAAS, Inc. has filed a second complaint against APT Group Holdings (Vivint Smart Home) (2:24-cv-00713), this one in the Eastern District of Texas. In April 2023, Western District of Texas Judge Kathleen Cardone dismissed without prejudice the first case—as well as parallel suits against each of ADT, Alphabet (Google), Amazon (Ring), APT Group Holdings (Vivint Smart Home), and Cisco—all over the same two patents asserted again here, for lack of standing, ruling that VIAAS failed to meet its burden to prove that it actually owned those patents. While refusing a request to impose sanctions in the earlier litigation, Judge Cardone did admonish counsel, William P. Ramey III (identified again on the new complaint, as colead counsel), “that he has a duty to conduct a diligent investigation prior to initiating any lawsuit, and that he may not knowingly persist with cases that he learns to be baseless”.


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