VIS Litigates Recently Issued Patents While Prosecuting Multiple, Related Applications

July 8, 2018

Last August, Virginia Innovation Sciences, Inc. (VIS) filed additional, separate cases against Amazon and HTC, asserting patents that had just issued in a large family already in litigation against the two companies. Those suits were dismissed without prejudice shortly thereafter, apparently to let the earlier cases play out. They now have—at least partially. In an April 2018 per curiam decision, the Federal Circuit upheld judgments from the Eastern District of Virginia ending cases in Amazon’s and HTC’s favor as to most of the patents asserted, and earlier in the year, VIS appealed subsequent orders in the defendants’ favor as to the remaining patents. Rather than await outcomes in those second appeals, VIS has opened up new cases against both Amazon (4:18-cv-00474) and HTC (4:18-cv-00476), this time asserting even newer patents, issuing in March 2018 and April 2018, as well as reasserting those August 2017 patents. The plaintiff has also filed separate cases against Honeywell (4:18-cv-00475) and Philadelphia Contributionship Mutual (Vector Security) (4:18-cv-00477), asserting one of the 2018 patents also at issue against Amazon and HTC. All of this new litigation has been filed in the Eastern District of Texas, rather than in Virginia.

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