VLSI Technology Shifts Gears, Dropping Second Delaware Suit in Favor of Three Filed in Texas

April 18, 2019

In March, VLSI Technology LLC filed a third case against Intel, its second in Delaware, the first having been filed by the Fortress Investment Group LLC affiliate in the Northern District of California. That California case has since been stayed to await the outcome of multiple inter partes reviews of the patents there in suit. Discovery in the first Delaware case has begun, after District Judge Colm F. Connolly refused to transfer the suit to California, citing the “paramount consideration” that a plaintiff’s choice of forum should be accorded in such an analysis. Intel then moved to consolidate the third case with the second; VLSI Technology opposed the motion but then dismissed that third case in favor of three separate actions filed that same day against Intel (6:19-cv-00254, 6:19-cv-00255, 6:19-cv-00256) in the Western District of Texas, which, combined, assert the same six patents at issue in the dismissed action—plus two more.

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