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Associated Plaintiffs Pepper Existing Defendants with New Complaints, Argue Elsewhere That “A Settlement Offer of $149,000 Should Not Be Considered Nuisance Value”

November 3, 2024

Last month, Mesa Digital LLC hit existing defendants Acer (3:24-cv-02521), Amazon (7:24-cv-00271), Ingenico (1:24-cv-04996), Microsoft (7:24-cv-00255), and Zebra Technologies (4:24-cv-03818) with additional complaints, while associated plaintiff Ortiz & Associates Consulting, LLC (OAC) sued new defendant Sharp Imaging (7:24-cv-00271). Meanwhile, briefing in OAC’s appeal of a $117K shift of attorney fees, in an earlier case against VIZIO, appears to have completed. There, OAC argues, among other things, that Northern District of Texas Judge David C. Godbey erred by adding exceptionality onto the previous “sanction” of dismissal with prejudice; by refusing OAC leave to amend to plead compliance with marking requirements, which it contends do not apply to NPEs; and by finding OAC’s litigation of the case unreasonable based on a failure to serve either infringement contentions or discovery requests and on a $149K settlement offer, made in a campaign that has seen myriad other cases dismissed in early stages.


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